Commonwealth v. Flebotte

The defendant, Richard Flebotte, appeals from his conviction of rape of a child. The conviction was affirmed by the Appeals Court, 34 Mass. App. Ct. 676, 681 (1993), and we granted the defendant’s application for further appellate review. We reverse the defendant’s conviction, and remand the case for a new trial. A brief summary of the facts follows.

On June 29, 1989, a Middlesex County grand jury returned indictments against the defendant charging rape of a child, 3 assault and battery by means of a dangerous weapon, indecent assault and battery, and simple assault and battery. In its bill of…