Commonwealth v. Place, 961 N.E.2d 597, 81 Mass.App.Ct. 229 (2012)

Commonwealth v. Place, 961 N.E.2d 597, 81 Mass.App.Ct. 229 (2012)

“At trial, the prosecution introduced a photograph of Tina from the time when the rape occurred. This was not error, as demonstrative evidence of Tina's relative size and immaturity, such as the photograph at issue, was relevant to the element of constructive force, a contested issue in the case, and was not unduly prejudicial. See, e.g., Commonwealth v. Armstrong, 73 Mass.App.Ct. 245, 255, 897 N.E.2d 105 (2008).”