COMMONWEALTH v. KELSALL

No. 02-P-1006.

60 Mass. App. Ct. 902 (2003)

COMMONWEALTH v. CLINTON W. KELSALL, JR.

Appeals Court of Massachusetts.

November 26, 2003.


Attorney(s) appearing for the Case

Daniel J. Bennett for the defendant.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.


The defendant was convicted in a jury-waived trial in the District Court of assault and battery, G. L. c. 265, § 13A, and intimidation of a witness, G. L. c. 268, § 13B. The defendant raises a single issue on appeal, viz., whether subsequently disavowed hearsay statements admitted under the excited utterance exception can provide the sole basis for his criminal convictions. We affirm.

Facts. On the evening of April 7, 2002, Yarmouth police received...

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