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COMMONWEALTH v. CARTER

No. 00-P-1791

54 Mass. App. Ct. 629 (2002)

COMMONWEALTH v. AMITABHA CARTER

Court of Appeals of Massachusetts, Norfolk.

May 2, 2002.

Attorney(s) appearing for the Case

Donald A. Brisson for the defendant.

Michael S. Thorne (Frances M. Burns, Special Assistant District Attorney, with him) for the Commonwealth.

Present: LAURENCE, KAPLAN, & DREBEN, JJ.

DREBEN, J.

This is an appeal from the defendant's convictions, after a bench trial, of assault and battery and of threats to commit a crime.1 The sole evidence against the defendant was the testimony of a police officer who recounted statements of the defendant's mother that were admitted in evidence over the defendant's objection2 under the spontaneous utterance exception to the hearsay rule.

The facts...

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