Commonwealth v. Yelle

We are obliged to reverse judgments of conviction of rape (G. L. c. 265, § 22[b]) and of related assault and battery (G. L. c. 265, § 13A) 1 because of overreaching by the Commonwealth, objected to by the defense, but allowed, unchecked, by the judge. As will appear, the overreaching consisted of the introduction by the Commonwealth of evidence of an incident that occurred before the episode in suit which added no or at best only minimal probative value to the Commonwealth’s case, but at the same time was calculated to create unfair prejudice against the defendant.

1. Prejudicial error, (a)…