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COMMONWEALTH v. PIEROWSKI

No. 00-P-844.

54 Mass. App. Ct. 707 (2002)

COMMONWEALTH v. ANDRES PIEROWSKI.

Court of Appeals of Massachusetts, Essex.

May 10, 2002.

Attorney(s) appearing for the Case

Geoffrey DuBosque for the defendant.

Catherine Langevin Semel, Assistant District Attorney, for the Commonwealth.

Present: MASON, COHEN, & MILLS, JJ.

MILLS, J.

A jury of six in District Court convicted the defendant of assault and battery by means of a dangerous weapon, to wit, a knife. G. L. c. 265, § 15A. The victim was Olga Pierowski, the defendant's wife. The sole issue on appeal is whether Officer Daniel Fitzpatrick should have been permitted to testify, over objection, to a "statement" made by Olga under the rubric of "spontaneous utterance," an exception to

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