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COMMONWEALTH v. YELLE

19 Mass. App. Ct. 465 (1985)

475 N.E.2d 427

COMMONWEALTH vs. CRAIG YELLE.

Appeals Court of Massachusetts, Hampden.

March 12, 1985.

Attorney(s) appearing for the Case

William C. Newman for the defendant.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth.

Present: SMITH, KAPLAN, & WARNER, JJ.

KAPLAN, J.

We are obliged to reverse judgments of conviction of rape (G.L.c. 265, § 22[b]) and of related assault and battery (G.L.c. 265, § 13A)1 because of overreaching by the Commonwealth, objected to by the defense, but allowed, unchecked, by the judge. As will appear, the overreaching consisted of the introduction by the Commonwealth of evidence of an incident that occurred before the episode in suit which added no...

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