COMMONWEALTH v. WHELTON


428 Mass. 24 (1998)

COMMONWEALTH v. WILLIAM J. WHELTON.

Supreme Judicial Court of Massachusetts, Norfolk.

July 17, 1998.


Attorney(s) appearing for the Case

Richard M. Russell for the defendant.

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

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


ABRAMS, J.

Convicted of one count of assault and battery on his longtime companion, Janet Whelton,1 the defendant appeals. The defendant argues that the hearsay statements of the victim and her daughter were not admissible as spontaneous utterances, that admitting these statements without a showing that the declarants were unavailable violated his confrontation rights, and that, because the Commonwealth...

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