Commonwealth v. Mendrala

Convicted of indecent assault and battery and attempted rape, the defendants appeal claiming error in evidentiary rulings by the trial judge and also urging that they are entitled to a new trial by reason of prosecutorial misconduct. We reverse because, contrary to the principles of Commonwealth v. Gardner, 350 Mass. 664, 665-667 (1966), and Commonwealth v. Montmeny, 360 Mass. 526, 528 (1971), the Commonwealth was permitted to elicit, over objection, a direct opinion from a physician that the complainant was the victim of a sexual assault.

1. Bailey’s motion for a required finding of not…