COMMONWEALTH v. FRANKS


359 Mass. 577 (1971)

270 N.E.2d 837

COMMONWEALTH vs. CLEMIS FRANKS, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 1971.


Attorney(s) appearing for the Case

Alexander Whiteside, II (Reuben Goodman with him) for the defendant.

Edward T. Crossen, Assistant District Attorney (Elizabeth C. Casey, Legal Assistant to the District Attorney, with him), for the Commonwealth.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.


TAURO, C.J.

The defendant appeals from a conviction on an indictment charging him with raping a female child on June 16, 1969. Shortly after the alleged incident the victim described her assailant to the police and was taken to the Boston City Hospital. The sole issue presented involves the admissibility of hospital records under G.L.c. 233, § 79.

At the trial, the fifteen year old victim made an in-court identification of the defendant and described...

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