Legal Opinion

Commonwealth v. Choate

Massachusetts Supreme Judicial Court

Decided November 15, 1870PublishedCited by 64 opinions

Inbictment for burning Joseph Akerman’s barn and slaughter-house. Trial in the superior court, before Wilkinson, J., who allowed this bill of exceptions ; “The evidence for the Commonwealth tended to show that Akerman’s building described in the indictment was discovered to be on fire about ten o’clock in the evening of Saturday, January 16,1869. The fire was on the outside of the building ; and on the ground and against the building were found the charred remains of what…

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Inbictment for burning Joseph Akerman’s barn and slaughter-house. Trial in the superior court, before Wilkinson, J., who allowed this bill of exceptions ; “The evidence for the Commonwealth tended to show that Akerman’s building described in the indictment was discovered to be on fire about ten o’clock in the evening of Saturday, January 16,1869. The fire was on the outside of the building ; and on the ground and against the building were found the charred remains of what was contended to have been a box by means of which the fire was set, about six inches square on the bottom and about…

1Opinion of the CourtChapman, C. J.

After certain evidence had been put in without objection, tending to prove that the fire was set by means of a box containing a lighted candle and a quantity of combustible material; that the box and its contents were prepared for incendiary purposes, and were not adapted to any other purpose ; and pending also to prove that it was made at the defendant’s shop, where he had been at work secretly: the letter was admitted, subject to the defendant’s objection. The evidence tended to show that it was in the defendant’s handwriting. It was dated January 11; and the fire was set on the 16th. It…

2Cases cited1 opinion

  1. Wilder v. CowlesMassachusetts Supreme Judicial Court · 1868

3Cited by64 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. Commonwealth v. WatkinsMassachusetts Supreme Judicial Court · 1978
  3. Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1967
  4. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
  5. Commonwealth v. BartoliniMassachusetts Supreme Judicial Court · 1938

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