Commonwealth v. Kendall

The defendant appeals under the provisions of G. L. c. 278, §§ 33A-33G, from his convictions on indictments charging rape, robbery, and breaking and entering with intent to rape.

At trial, the defendant interposed the claim of insanity at the time of the incidents, and produced expert psychiatric witnesses who gave their opinions supporting his claim. The Commonwealth produced its own psychiatric witness, who disputed this claim.

The defendant raises the following issues in this appeal: (1) whether the judge erred in allowing the Commonwealth’s psychiatric expert to testify to hearsay…