Commonwealth v. Ferguson

The defendant appeals pursuant to G. L. c. 278, §§ 33A-33G, from his conviction in the six-member jury session of a District Court of the crime of commission of an unnatural and lascivious act; to wit, voluntary submission to fellatio in the front seat of a parked car. G. L. c. 272, § 35. The defendant was sentenced to pay a fine of $125. On appeal, we allowed the defendant’s application for direct appellate review.

We reverse the defendant’s conviction on the ground that the Commonwealth’s evidence was insufficient to support a *14finding beyond a reasonable doubt that the complained of conduct…