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COMMONWEALTH v. SOUTHER

No. 90-P-591.

31 Mass. App. Ct. 219 (1991)

575 N.E.2d 1150

COMMONWEALTH vs. JOHN SOUTHER & another.

Appeals Court of Massachusetts, Middlesex.

August 14, 1991.

Attorney(s) appearing for the Case

Paul R. Cacchiotti for John Souther.

Ronald Ian Segal for James McLeod.

William F. Bloomer, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & IRELAND, JJ.

KASS, J.

Convicted of indecent assault and battery upon a child under fourteen years of age (G.L.c. 265, § 13B), and rape of a child under sixteen years of age (G.L.c. 265, § 22A), the defendants appeal on the ground that evidence purporting to be fresh complaint was improperly admitted against them. Souther urges that the indictments as to him should be dismissed for the reason that they were founded on...

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