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COMMONWEALTH v. JOHNSON

No. 92-P-975.

35 Mass. App. Ct. 211 (1993)

617 N.E.2d 1040

COMMONWEALTH vs. JOSEPH JOHNSON.

Appeals Court of Massachusetts, Bristol.

August 24, 1993.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Rebecca S. Miller, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KAPLAN, & IRELAND, JJ.

KAPLAN, J.

A Bristol County jury found the defendant, Joseph Johnson, guilty of the rape of an eight year old girl, committed in the fall of 1985.1 We are obliged to reverse the judgment of conviction because of errors in the trial of the case involving the admission, over objections, of (i) so-called "fresh complaint" testimony that was in fact very stale, and (ii) prejudicial testimony...

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