COMMONWEALTH v. DAY


409 Mass. 719 (1991)

569 N.E.2d 397

COMMONWEALTH vs. SCOTT A. DAY.

Supreme Judicial Court of Massachusetts, Essex.

April 9, 1991.


Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

S. Jane Haggerty, Assistant District Attorney, (Frederick B. McAlary, Assistant District Attorney, with her) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

The defendant, Scott A. Day, was convicted by a jury of manslaughter. He appealed; his application for direct appellate review was granted by this court. The defendant claims that the judge erred in (1) admitting expert testimony regarding the profile of individuals who physically abuse children, and (2) improperly applying the hearsay rule to exclude a statement made by the victim's mother.

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