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COMMONWEALTH v. HOWELL

No. 00-P-1222.

57 Mass. App. Ct. 716 (2003)

COMMONWEALTH v. JAMES HOWELL.

Court of Appeals of Massachusetts, Bristol.

April 3, 2003.

Attorney(s) appearing for the Case

David L. Larsen for the defendant.

M. Catherine Huddleson, Special Assistant District Attorney, for the Commonwealth.

Present: LAURENCE, DREBEN, & TRAINOR, JJ.

TRAINOR, J.

The defendant, James Howell, was indicted on February 11, 1994, for indecent assault and battery on a child under fourteen of years of age "on divers dates and at divers times" between June 1, 1991 and December 31, 1991. G. L. c. 265, § 13B. He appeals from a conviction based on two incidents encompassed by the indictment. Concluding that the improper use of fresh complaint testimony and other errors deprived the defendant of a fair trial, we reverse...

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