Commonwealth v. Hoppin

There is no attempt by the Commonwealth to deny that the prosecutor, who is not counsel on this appeal, engaged in egregiously improper conduct during the closing argument. The question is: Did it matter?

Trial was before a jury and the defendant was convicted of rape, committing unnatural acts, assault and battery by means of a dangerous weapon, kidnapping, unlawful possession of a firearm, unlawful possession of marijuana, and *37receiving stolen goods. On appeal, the major issue related to the charge of rape. The victim had testified that the defendant had tied her wrists together with a…