Commonwealth v. Jewet

392 Mass. 558, 467 N.E.2d 155 (1984)

Facts

Jewett (D) was charged with rape. There was conflicting testimony regarding the victim's ability to identify D, although she positively identified D at trial. D claimed that it was mistaken identity, and presented evidence that he was with friends at the time the rape occurred. D also wanted to submit evidence that five days earlier, he had been misidentified by the victim of another rape case. The judge excluded the evidence, and D was convicted. D appealed.