COMMONWEALTH v. SMITH

No. 02-P-7.

59 Mass. App. Ct. 181 (2003)

COMMONWEALTH v. EARL G. SMITH.

Appeals Court of Massachusetts, Plymouth.

September 5, 2003.


Attorney(s) appearing for the Case

Bruce Ferg, Committee for Public Counsel Services, for the defendant.

Kelly-Anne DeFao, Assistant District Attorney, for the Commonwealth.

Present: BROWN, JACOBS, & CYPHER, JJ.


JACOBS, J.

Convicted by a Superior Court jury on two indictments charging indecent assault and battery on a child under the age of fourteen (G. L. c. 265, § 13B),1 the defendant appeals, claiming the judge committed reversible error in permitting a witness to testify to what the complainant, Jane,2 told the witness fifty-one months after the last alleged...

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