2 Mass. App. Ct. 903 | Mass. App. Ct. | 1974
The defendant appeals a conviction of rape under G. L. c. 278, §§ 33A-33G. At the jury-waived trial the victim testified that she was baby sitting when the defendant came into the house. He went upstairs where she heard him rummaging in some drawers, and when he came down he raped her. She identified him at the police station from photographs, and he was arrested the next day. The woman who had hired the baby sitter and who was acquainted with the defendant, whom she encountered that evening at a night club, testified that, when she later arrived home, she found that her boyfriend’s watch was missing. In response to a question whether there was “some conversation [that evening] with Pugh or anybody there in his presence concerning a watch,” she testified to a statement made by a third person which indicated that the defendant had been in possession of her boyfriend’s watch. We assume the validity of the defendant’s contention that this was hearsay (the Commonwealth does not argue that it was a tacit admission), inadmissible to show that the watch, missing from the witness’ house, had been in the defendant’s possession — the purpose for which it was apparently admitted. However, there was testimony — and by the same witness
Judgment affirmed.
