State v. Miller

The Supreme Judicial Court affirmed Defendant’s conviction of twenty-eight counts of gross sexual assault, holding that the evidence was sufficient to convict Defendant of each count of gross sexual assault.Defendant was convicted by a jury for acts committed on the victim, his biological daughter. On appeal, Defendant argued that the State did not produce sufficient evidence from which the jury could have found that he committed each of the twenty-eight counts of gross sexual assault for which he was convicted. After noting that the focus of Defendant’s argument was that the State was required to produce evidence regarding the time and place of each individual incident of assault the Supreme Judicial Court affirmed, holding (1) time and place are not essential elements of gross sexual assault; and (2) the State proved each and every element of all twenty-eight counts of gross sexual assault. View "State v. Miller" on Justia Law