COMMONWEALTH v. DAVIS

No. 00-P-700.

54 Mass. App. Ct. 756 (2002)

COMMONWEALTH v. KEVIN P. DAVIS, JR.

Court of Appeals of Massachusetts, Middlesex.

May 17, 2002.


Attorney(s) appearing for the Case

Steven J. Rappaport for the defendant.

Afton M. Templin, Assistant District Attorney, for the Commonwealth.

Present: PORADA, GRASSO, & DOERFER, JJ.


DOERFER, J.

The defendant was convicted by a jury of digital rape and indecent assault and battery. The issues at trial were consent and penetration. On appeal the defendant claims, in substance, that certain extrajudicial statements qualified only as fresh complaints and not as excited utterances, and thus should have been limited in number and effect. He also claims that he was deprived of a fair trial because there was a combined "piling on" of extrajudicial statements...

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