Commonwealth v. Peaslee
Massachusetts Supreme Judicial Court
Indictment, under Pub. Sts. c. 210, § 8, for an attempt to set fire to property with the intention of injuring the insurers thereof, in violation of Pub. Sts. c. 203, § 7. Trial in the Superior Court, before Pierce, J. The judge overruled a motion to quash the indictment; and the defendant excepted.
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Indictment, under Pub. Sts. c. 210, § 8, for an attempt to set fire to property with the intention of injuring the insurers thereof, in violation of Pub. Sts. c. 203, § 7. Trial in the Superior Court, before Pierce, J. The judge overruled a motion to quash the indictment; and the defendant excepted. At the conclusion of the testimony the defendant requested the judge to instruct the jury that the whole evidence was not sufficient to support the indictment, and that the jury would not be warranted in convicting the defendant thereon. The judge declined to make these rulings; and the defendant…
1Opinion of the CourtHolmes, C. J.
This is an indictment for an attempt to burn a building and certain goods therein, with intent to injure the insurers of the same. Pub. Sts. c. 210, § 8. The substantive *271offence alleged to have been attempted is punished by Pub. Sts. c. 203, § 7. The defence is that the overt acts alleged and proved do not amount to an offence. It was raised by a motion to quash and also by a request to the judge to direct a verdict for the defendant. We will consider the case in the first place upon the evidence, apart from any question of pleading, and afterwards will take it up in connection with the…
2Cases cited14 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Hicks v. CommonwealthSupreme Court of Virginia · 1889
- People v. MurrayCalifornia Supreme Court · 1859
- McDade v. PeopleMichigan Supreme Court · 1874
- Commonwealth v. FlaggMassachusetts Supreme Judicial Court · 1883
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3Cited by131 opinions
- Spectrum Sports, Inc. v. McQuillanSupreme Court of the United States · 1993
- United States v. Resendiz-PonceSupreme Court of the United States · 2007
- United States v. CoplonCourt of Appeals for the Second Circuit · 1950
- George Lee Mims, Sr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- United States v. FarhaneCourt of Appeals for the Second Circuit · 2011
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