Commonwealth v. Robinson

The defendant was indicted for having “sexual intercourse or unnatural sexual intercourse” with a child under sixteen years, and for having compelled the child “to submit by force and against his will... or... by threat of bodily injury, to said intercourse” in violation of G. L. c. 265, § 22A. The defendant filed a pre-trial motion to dismiss the indictment “which alleges that the defendant committed the crime of rape, on the ground that no evidence was presented to the Grand Jury from which probable cause could be found that such a crime was committed, and that the defendant committed it.”

Th…