Commonwealth v. Westbrook

A Suffolk County grand jury returned indictments against the defendant charging him with rape and indecent assault and battery on a person fourteen years or older. At the defendant’s first trial, a jury failed to agree on a verdict, and a Superior Court judge declared a mistrial. After a second trial, the jury returned a verdict of guilty on the lesser included offense of assault with intent to commit rape. The jury also returned a guilty verdict on the indecent assault and battery indictment, but the judge allowed the defendant’s motion and ordered that a not guilty finding be entered.

On…