Commonwealth v. MaguireAnnotate this Case
After a jury trial, Defendant was convicted of open and gross lewdness and lascivious behavior and resisting arrest. The Appeals Court affirmed. The Supreme Judicial Court (1) affirmed the judgment of conviction of resisting arrest; but (2) reversed the judgment of conviction of open and gross lewdness and lascivious behavior, holding that there was insufficient evidence that Defendant’s conduct caused any person to experience “shock” or “alarm,” as required by Mass. Gen. Laws ch. 272, 16. Because Defendant did not challenge the sufficiency of the evidence with respect to the first four elements of open and gross lewdness and lascivious behavior, the case was remanded for entry of a conviction of the lesser included offense of indecent exposure.