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COMMONWEALTH v. MCCUTCHEON

No. 99-P-860.

51 Mass. App. Ct. 715 (2001)

COMMONWEALTH v. TIMOTHY MCCUTCHEON.

Court of Appeals of Massachusetts, Plymouth.

May 30, 2001.

Attorney(s) appearing for the Case

Frank J. McGee for the defendant.

Mary E. Mullaney, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, KAPLAN, & DUFFLY, JJ.

GREENBERG, J.

Following an eight-day trial, a jury convicted the defendant on two indictments for rape of one child under the age of sixteen, G. L. c. 265, § 23, and one indictment for assault with intent to rape a second child under the age of sixteen, G. L. c. 265, § 24B.1 On appeal, the defendant argues that the judge erred in allowing the jury to hear fresh complaint testimony...

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