5 Mass. App. Ct. 884 | Mass. App. Ct. | 1977
The defendant has appealed (G. L. c. 278, § 28E) from his conviction of rape (G. L. c. 265, § 22, as appearing in St. 1974, c. 474, § 1), urging error in connection with the judge’s admitting in evidence, on the theory of fresh complaint (see, generally, Commonwealth v. Bailey, 370 Mass. 388, 391-397 [1976]), the contents of three conversations which the victim had had with various persons following the commission of the acts alleged, at approximately 2:00 A.M. on the day in question. The evidence disclosed a total of five such complaints. The admission of three of the four complaints objected to was preceded by correct instructions as to the single purpose for which the particular complaint
Judgment affirmed.