Commonwealth v. Ciminera

Each of the defendants was convicted of rape of the same young woman on the night of July 23, 1978. In the aggregate they make ten claims of error in the conduct of their trial and the disposition of certain posttrial motions.

1. Admission of testimony by the defendant Navikauskis of the use of marihuana. During cross-examination of the defendant Navikauskis, the prosecutor put the question: “Had you used any of that pot earlier in the evening?” Over objection, Navikauskis was allowed to answer, “Yes, I did.” Navikauskis argues that this improperly introduced into the case a criminal offense…