COMMONWEALTH v. GOUVEIA


371 Mass. 566 (1976)

358 N.E.2d 1001

COMMONWEALTH vs. ANTONIO D. GOUVEIA.

Supreme Judicial Court of Massachusetts, Middlesex.

December 21, 1976.


Attorney(s) appearing for the Case

Fern L. Nesson for the defendant.

James W. Sahakian, Special Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.


BRAUCHER, J.

The defendant appeals from convictions of rape and an unnatural act, and argues two assignments of error: (1) exclusion of evidence of prior sexual intercourse by the victim, and (2) denial of his motion for a mistrial after the prosecutor in his closing argument asserted that there was no evidence to refute the victim's testimony as to what happened when she and the defendant were alone together. We hold that...

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