COMMONWEALTH v. OLIVEIRA

No. 00-P-377.

53 Mass. App. Ct. 480 (2002)

COMMONWEALTH v. CARLOS OLIVEIRA.

Court of Appeals of Massachusetts, Bristol.

January 4, 2002.


Attorney(s) appearing for the Case

Edward B. Gaffney for the defendant.

Heather Spellman (Kevin E. Connelly, Assistant District Attorney, with her) for the Commonwealth.

Present: PORADA, GILLERMAN, & DUFFLY, JJ.


GILLERMAN, J.

Following a two-day jury trial, the defendant was convicted on charges of indecent exposure, lewd and lascivious behavior, indecent assault and battery of a person fourteen or over, and assault with intent to rape. On appeal he claims (i) that the judge failed to give timely instructions to the jury regarding the permissible use of fresh complaint testimony, and (ii) that there occurred violations of the defendant's Federal

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