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COMMONWEALTH v. STEINMEYER

No. 96-P-906.

43 Mass. App. Ct. 185 (1997)

COMMONWEALTH v. RICHARD P. STEINMEYER.

Court of Appeals of Massachusetts, Norfolk.

July 17, 1997.

Attorney(s) appearing for the Case

Kevin S. Nixon for the defendant.

Varsha Kukafka, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, DREBEN, & JACOBS, JJ.

JACOBS, J.

Convicted by a District Court jury on charges of assault and battery and indecent assault and battery, the defendant appeals, essentially claiming that the judge committed reversible error by striking the testimony of a witness.1 We agree and order the convictions vacated.

The Commonwealth's evidence consisted primarily of the testimony of the complainant, Tracy McAvoy, who told of the

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