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COMMONWEALTH v. GAUTHIER

No. 91-P-454.

32 Mass. App. Ct. 130 (1992)

586 N.E.2d 34

COMMONWEALTH vs. JOSEPH W. GAUTHIER.

Appeals Court of Massachusetts, Norfolk.

February 13, 1992.

Attorney(s) appearing for the Case

Rosanna Cavallaro for the defendant.

James F. Lang, Assistant District Attorney, for the Commonwealth.

Present: KASS, SMITH, & GILLERMAN, JJ.

KASS, J.

Joseph Gauthier, seventeen years old at the time of the offense, was convicted by a jury of indecent assault and battery on a child under the age of fourteen (G.L. c. 265, § 13B).1 There are two grounds of appeal: (1) that the judge erroneously prevented defense counsel from putting to the complaining witness the question: "Have you ever masturbated, [Martin]?"

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