Commonwealth v. Lamothe

Spaldiiíg, J.

The defendant was1 tried and convicted tinder an indictment which charged that on December 17, 1960, he “did attempt to wilfully and maliciously set fire to and burn a certain dwelling house of the property of Eugene Berube.”

The material evidence was as follows: ‘ ‘ On December 17, 1960, the defendant was drinking in the Moody Gardens on Moody Street, Lowell. About 8 p.m. he left by the street exit, walked to the rear of the building and went up the rear stairway to a porch on the second floor of the same building. The defendant then set fire to some papers that were on the…