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COMMONWEALTH v. MURPHY

No. 01-P-499.

57 Mass. App. Ct. 586 (2003)

COMMONWEALTH v. EUGENE MURPHY.

Court of Appeals of Massachusetts, Middlesex.

March 19, 2003.

Attorney(s) appearing for the Case

James M. McDonough for the defendant.

Jessica Langsam, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, MCHUGH, & KAFKER, JJ.

MCHUGH, J.

Following his conviction of rape of a child under the age of sixteen, G. L. c. 265, § 23, the defendant filed this appeal. He claims that the prosecutor asked an impermissible question on cross-examination; that the trial judge committed prejudicial error in his determination of the victim's competency and in allowing the victim to testify without taking an oath; and that the judge mishandled a question...

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