19 Mass. App. Ct. 1024 | Mass. App. Ct. | 1985
The defendant, convicted of rape, admitted the fact of sexual intercourse with the complainant but maintained that it was consensual. 1. Through its first three witnesses (a priest, a Salvation Army worker, and a motel owner) the Commonwealth was permitted to adduce evidence that the defendant had arrived in town the afternoon preceding the night of the alleged rape and had sought and obtained charity in the form of food and shelter for himself, his wife and his child under the name “Wateman.” The use of a false name, the prosecutor argued, was admissible to show consciousness of guilt. Later that day, when the defendant picked up the complainant in a bar (around 6:45 p.m.), he did not use either the name “Wateman” or his
Judgment reversed.
Verdict set aside.