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COMMONWEALTH v. GIVEN

No. 02-P-544.

59 Mass. App. Ct. 390 (2003)

COMMONWEALTH v. EDWARD GIVEN.

Appeals Court of Massachusetts, Worcester.

September 24, 2003.

Attorney(s) appearing for the Case

The case was submitted on briefs.

David H. Erickson for the defendant.

John J. Conte, District Attorney for the Middle District, & Ellyn H. Lazar-Moore, Assistant District Attorney, for the Commonwealth.

Present: BECK, KASS, & DOERFER, JJ.

DOERFER, J.

After a trial held pursuant to G. L. c. 123A, § 14, a jury determined that the defendant was a sexually dangerous person. At trial, over objection, a police report was admitted in evidence that referred to an allegation that the defendant had sexually assaulted an unidentified child; this allegation did not result in any indictment of the defendant. The admission of this evidence constituted prejudicial...

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