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COMMONWEALTH v. KERR

No. 93-P-360.

36 Mass. App. Ct. 505 (1994)

632 N.E.2d 1244

COMMONWEALTH vs. MICHAEL F. KERR.

Appeals Court of Massachusetts, Suffolk.

May 19, 1994.

Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

David C. Megan for the Commonwealth.

Present: WARNER, C.J., FINE, & PORADA, JJ.

PORADA, J.

The defendant was convicted by a jury in the Superior Court of rape. On appeal, he claims that a portion of the fresh complaint testimony of a police officer was erroneously admitted and unduly prejudicial to him. We agree and reverse.

There was no dispute that the complainant and the defendant engaged in sexual intercourse in the course of a prearranged date. The issue at trial was whether the intercourse was consensual.

The complainant...

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