COMMONWEALTH v. HERRICK

No. 94-P-1419.

39 Mass. App. Ct. 291 (1995)

COMMONWEALTH vs. MICHAEL HERRICK.

Appeals Court of Massachusetts, Essex.

October 2, 1995.


Attorney(s) appearing for the Case

Judith N. Cowan (Joel Rosen with her) for the defendant.

Marcia H. Slingerland, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, DREBEN, & JACOBS, JJ.


DREBEN, J.

The defendant appeals from his convictions of two charges of statutory rape of a minor arising out of an incident occurring on January 29, 1992. At that time, the victim was slightly under fifteen years old. Prior to trial, the defendant filed a motion in limine, pursuant to G.L.c. 233, § 21B, the rape shield statute, to introduce evidence that he claimed revealed the complaining witness's motive to fabricate the rape charges. He wanted to present...

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