Commonwealth v. Dunn

Once again, we face questions about the admissibility of “excited utterances” or “spontaneous declarations.” In this case, the statements were made during the complaining witness’s execution of a preconceived plan to have the defendant arrested and, therefore, they should not have been admitted. The defendant seasonably objected. Nevertheless, having reviewed the entire record, we can say with a fair degree of assurance that admission of the statements contributed nothing substantial to the defendant’s conviction. See Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994). We therefore affirm.

Bec…