Commonwealth v. Berklowitz

Opinion by

Parker, J.,

The defendants were charged with assault and battery, aggravated assault and battery, assault and battery with intent to ravish and with rape. They were tried by one jury, convicted on all indictments and sentenced. Their individual appeals will be considered in one opinion. We are compelled to reverse the judgments by reason of the failure of the trial judge to charge the jury as to its duty to consider whether the alleged victim made prompt complaint of the rape charged, written requests for such instructions having been submitted to the trial judge and refused.

The…