Commonwealth v. Nuby

The defendant was found guilty of forcible rape of a child (G. L. c. 265, § 22A) and indecent assault and battery upon two children under the age of fourteen (G. L. c. 265, § 13B) by a jury in the Superior Court. On appeal, the defendant claims that the trial judge erred in denying his motion for a required finding of not guilty on these charges because the Commonwealth’s case did not rest on a theory of joint venture but on proof that he had forced the victims to engage in sexual activity with a third party. The defendant also claims that the judge’s instructions to the jury were erroneous…