Commonwealth v. Murphy

Following his conviction of rape of a child under the age of sixteen, G. L. c. 265, § 23, the defendant filed this *587appeal. He claims that the prosecutor asked an impermissible question on cross-examination; that the trial judge committed prejudicial error in his determination of the victim’s competency and in allowing the victim to testify without taking an oath; and that the judge mishandled a question the jury asked during its deliberations. He also appeals from the denial of his motion for a new trial. We affirm.1

Facts material to each of the alleged errors will emerge as we discuss the…