Commonwealth v. Brown

We granted the defendant’s application for further appellate review in this case primarily to consider whether the trial judge properly admitted in evidence under the spontaneous exclamation exception to the hearsay rule answers given by the three and one-half year old victim in response to two questions asked by a physician at Boston City Hospital. The Appeals Court, in an unpublished memorandum and order entered pursuant to its rule 1:28, held that the evidence had been correctly admitted. 1 32 Mass. App. Ct. 1114 (1992). We conclude that the trial judge acted within his discretion in…