Commonwealth v. Beauregard

The words in question were not offered under the hospital records exception to the hearsay rule, G. L. c. 233, § 79, because they did not relate to treatment and medical history. See Bouchie v. Murray, 376 Mass. 524, 528 *984(1978). To qualify as a prior inconsistent statement by the victim, it must be shown that the words were attributable to the victim. Wingate v. Emery Air Freight Corp .,385 Mass. 402, 405 (1982). Commonwealth v. Happnie, 3 Mass. App. Ct. 193, 199 (1975). Commonwealth v. Sampson, 7 Mass. App. Ct. 514, 520-521 (1979). This the defendant sought to prove through the testimony (on…