Commonwealth v. Peterson

1. After the rape complainant had given her testimony and been excused, the prosecution put in evidence a hospital report which stated, in part, that a physical examination conducted two hours after the alleged rapes disclosed the presence of a “few non-motile sperm” in her vagina. The defendant then moved to have the complainant recalled to the stand for the stated purpose of putting questions to her concerning other sexual activity which might explain the presence of the sperm. The denial of that motion is assigned as error. The defendant gave an *856alibi, but the defense at no time conceded…