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COMMONWEALTH v. CARACINO

No. 91-P-1069.

33 Mass. App. Ct. 787 (1993)

605 N.E.2d 859

COMMONWEALTH vs. EUGENE CARACINO.

Appeals Court of Massachusetts, Middlesex.

January 5, 1993.

Attorney(s) appearing for the Case

David Shaughnessy for the defendant.

Catherine E. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: KASS, SMITH, & IRELAND, JJ.

IRELAND, J.

The defendant was found guilty by a jury on three indictments for indecent assault and battery on a child, G.L.c. 265, § 13B, and three indictments for rape of a child, G.L.c. 265, § 23. On appeal, he claims that (1) under existing fresh complaint doctrine the fresh complaint witnesses should not have been permitted to testify to the statements made by the complainant because they were involuntary...

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