Commonwealth v. Lund

The defendant has appealed (G. L. c. 278, § 28E) from his conviction of rape (G. L. c. 265, § 22, as appearing in St. 1974, c. 474, § 1), urging error in connection with the judge’s admitting in evidence, on the theory of fresh complaint (see, generally, Commonwealth v. Bailey, 370 Mass. 388, 391-397 [1976]), the contents of three conversations which the victim had had with various persons following the commission of the acts alleged, at approximately 2:00 A.M. on the day in question. The evidence disclosed a total of five such complaints. The admission of three of the four complaints…