COMMONWEALTH v. SPENCE

No. 93-P-1773.

38 Mass. App. Ct. 88 (1995)

COMMONWEALTH vs. STEVEN SPENCE.

Appeals Court of Massachusetts, Middlesex.

January 27, 1995.


Attorney(s) appearing for the Case

Donnalyn B. Lynch Kahn for the defendant.

Barbara F. Berenson, Assistant District Attorney, for the Commonwealth.

Present: SMITH, KAPLAN, & PORADA, JJ.


PORADA, J.

The defendant was charged with rape of a child under sixteen and indecent assault and battery of a child under fourteen. A jury in the Superior Court acquitted him of the rape charge but convicted him of the indecent assault and battery charge. The defendant now appeals his indecent assault and battery conviction on the grounds that (1) the trial judge should not have admitted as fresh complaint evidence a complaint made by the alleged victim fifteen

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