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COMMONWEALTH v. HOSEY

5 Mass. App. Ct. 138 (1977)

359 N.E.2d 1316

COMMONWEALTH vs. BENNIE HOSEY.

Appeals Court of Massachusetts, Hampden.

February 22, 1977.

Attorney(s) appearing for the Case

Margaret Hayman for the defendant.

L. Jeffrey Meehan, Special Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & BROWN, JJ.

HALE, C.J.

After a retrial1 by jury the defendant was convicted on indictment 33301 of carnal abuse of a female child under the age of sixteen years and was sentenced. He has appealed pursuant to G.L.c. 278, §§ 33A-33G. The questions raised deal primarily with the admissibility of certain extrajudicial statements made by the mother of the assaulted child.

No eyewitness testified at trial to the manner in which the child...

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