Commonwealth v. Miller

On September 17, 1979, numerous indictments were returned against the defendant, Calvin D. Miller, charging him with unlawfully having “sexual intercourse or unnatural sexual intercourse” with a child under sixteen years of age (G. L. c. 265, § 23), open and gross lewdness, extortion, and larceny. After a jury trial, the defendant was found guilty of six violations of G. L. c. 265, § 23, and three violations of the extortion statute. This court granted the defendant’s application for direct appellate review. On appeal, the defendant asserts error in (1) the trial judge’s failure to instruct…