COMMONWEALTH v. BLAIR


21 Mass. App. Ct. 625 (1986)

488 N.E.2d 1200

COMMONWEALTH vs. THOMAS E. BLAIR (and three companion cases).

Appeals Court of Massachusetts, Plymouth.

February 21, 1986.


Attorney(s) appearing for the Case

James L. Sultan for Donald B. Walsh.

Catherine E.M. Sullivan for Leslie D. Caldwell, Jr.

David J. Luff for Thomas E. Blair.

Randolph Gioia for Richard J. Higgins.

Robert P. Snell, Assistant District Attorney, for the Commonwealth.

Present: SMITH, CUTTER, & WARNER, JJ.


SMITH, J.

As a result of an incident that occurred in February of 1983, Thomas E. Blair, Leslie D. Caldwell, Jr., Richard J. Higgins, and Donald B. Walsh were all convicted on indictments that charged them with aggravated rape. On appeal, they contend that the judge improperly excluded evidence of a prior false allegation of sexual abuse allegedly made by the victim. In addition, they find fault with his instructions to the jury. We affirm the convictions.

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