Myers v. Commonwealth

298 N.E.2d 819 (1973)

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Nature of the Case

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Facts

A preliminary examination was held before a judge of the Municipal Court to determine whether there was probable cause to support the prosecution of D on charges of rape, assault by means of a dangerous weapon, breaking and entering at night, and breaking and entering at night and committing rape of a person lawfully therein. Only the complaining witness was called to testify on behalf of the Commonwealth. At the end of direct examination D's counsel began his cross-examination of the witness. D's counsel questioned the complaining witness about her alleged belief in witchcraft. The judge stated that he had heard enough testimony to find probable cause which made further cross-examination by D's counsel unnecessary. D's counsel stated to the court that he wished to complete his cross-examination of the complaining witness, and introduce further evidence on D's behalf. The judge repeated his finding of probable cause and terminated the hearing. D wanted to present a medical report on the alleged victim which was made by the physician at the Boston City Hospital the morning of the alleged rape, and a psychiatric evaluation of the complaining witness which was conducted by a staff psychiatrist of the Roxbury Court Clinic after a motion requesting such an examination prior to the probable cause hearing had been granted by a judge of that court. D petitioned for a writ of certiorari and related relief claiming his substantive rights were violated by not being allowed to complete the cross-examination and introduce evidence.