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COMMONWEALTH v. BAXTER

No. 92-P-1002.

36 Mass. App. Ct. 45 (1994)

627 N.E.2d 487

COMMONWEALTH vs. ERIC BAXTER.

Appeals Court of Massachusetts, Norfolk.

February 8, 1994.

Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, JACOBS, & PORADA, JJ.

PERRETTA, J.

At his jury trial on an indictment charging him with rape, the defendant conceded to having sexual intercourse with the complainant in an upstairs bedroom of his friend's house but claimed the complainant consented. He attempted to show that the complainant had been raped a year earlier by a man named Eric in an upstairs bedroom of a house where a group of people had gathered for a party, that as a consequence...

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