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COMMONWEALTH v. FULLER

22 Mass. App. Ct. 152 (1986)

491 N.E.2d 1083

COMMONWEALTH vs. ROBERT J. FULLER.

Appeals Court of Massachusetts, Berkshire.

May 1, 1986.

Attorney(s) appearing for the Case

Maureen B. Brodoff, Committee for Public Counsel Services, for the defendant.

Daniel A. Ford, Assistant District Attorney, for the Commonwealth.

Present: GRANT, PERRETTA, & WARNER, JJ.

PERRETTA, J.

At the defendant's trial on charges arising out of his sexual abuse1 of a three year old girl, the child's mother was allowed to relate her daughter's statements to her concerning the defendant's acts. These statements were offered as spontaneous exclamations of the child and not as evidence of a fresh complaint by her. The child did not appear at trial, and the defendant was not present when she made her statements to her...

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