Commonwealth v. Saunders

After a jury trial in Superior Court, the defendant was convicted of rape of a child under the age of sixteen years, pursuant to G. L. c. 265, § 23, as amended by St. 1974, c. 474, § 3, and assault and battery as a lesser included offense of assault and battery by means of a dangerous weapon, pursuant to G. L. c. 265, §§ 13A and 15A.1 On appeal, the defendant argues that (1) evidence of the victim’s out-of-court complaints was admitted in violation of the “first complaint” rule, (2) the trial judge erred in failing to grant the defendant’s request for a mistrial, (3) the prosecutor’s closing…