Commonwealth v. Howell

The defendant, James Howell, was indicted on February 11, 1994, for indecent assault and battery on a child under fourteen of years of age “on divers dates and at divers times” between June 1, 1991 and December 31, 1991. G. L. c. 265, § 13B. He appeals from a conviction based on two incidents encompassed by the indictment. Concluding that the improper use of fresh complaint testimony and other errors deprived the defendant of a fair trial, we reverse the judgment.

1. Facts and procedural history. At the time relevant to prosecution of this case, the defendant worked as a counselor at the…