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COMMONWEALTH v. BINIENDA

20 Mass. App. Ct. 756 (1985)

482 N.E.2d 874

COMMONWEALTH vs. ROBERT BINIENDA.

Appeals Court of Massachusetts, Suffolk.

September 16, 1985.

Attorney(s) appearing for the Case

Ellen A. Howard, Committee for Public Counsel Services, for the defendant.

Judy G. Zeprun, Assistant District Attorney, for the Commonwealth.

Present: KASS, SMITH, & WARNER, JJ.

SMITH, J.

The defendant appeals from his convictions by a jury on indictments charging him with armed robbery, and assault and battery by means of a dangerous weapon. We reverse the judgments because a prior consistent statement was erroneously admitted in evidence.

1. Admissibility of prior consistent statement of the complainant. The complainant testified to the following facts on direct examination. On December 23, 1981, at approximately 6:00 P.M...

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