COMMONWEALTH v. McCAFFREY

No. 93-P-959.

36 Mass. App. Ct. 583 (1994)

633 N.E.2d 1062

COMMONWEALTH vs. P. CHRISTOPHER McCAFFREY.

Appeals Court of Massachusetts, Franklin.

June 1, 1994.


Attorney(s) appearing for the Case

Edward P. Mulvaney for the defendant.

Shaun S. McLean, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, GREENBERG, & LAURENCE, JJ.


LAURENCE, J.

A jury convicted P. Christopher McCaffrey of "unnatural sexual intercourse" with his daughter, a child under the age of sixteen. We agree with McCaffrey that the testimony of the fresh complaint witness (the child's mother and McCaffrey's estranged wife) exceeded the permissible bounds of such testimony, to his prejudice, and accordingly reverse the judgment of conviction.

The child, Erin (a...

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