Legal Opinion

Commonwealth v. Hayden

Massachusetts Supreme Judicial Court

Decided December 31, 1889PublishedCited by 11 opinions

Indictment in one count, on the Pub. Sts. c. 203, § 1, alleging that the defendant, on April 3,1887, at Braintree, “ did set fire to a building not his own, to wit, the dwelling-house of one Melvin Thayer, situate in said Braintree, and the said dwelling-house of Melvin Thayer, then and there, by the kindling of said fire feloniously, wilfully, and maliciously, did burn and consume.”

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Indictment in one count, on the Pub. Sts. c. 203, § 1, alleging that the defendant, on April 3,1887, at Braintree, “ did set fire to a building not his own, to wit, the dwelling-house of one Melvin Thayer, situate in said Braintree, and the said dwelling-house of Melvin Thayer, then and there, by the kindling of said fire feloniously, wilfully, and maliciously, did burn and consume.” At the trial in the Superior Court, before Sherman, J., the government introduced evidence tending to prove that the building referred to in the indictment was the house of Thayer; that the same had been occupied…

1Opinion of the CourtC. Allen, J.

The indictment contains but one count, and charges the burning of the dwelling-house of one Melvin Thayer. It appearing at the trial that the building in question had never been occupied as a dwelling-house by said Thayer, the court (in accordance with the decision in Commonwealth v. Barney, 10 Cush. 478) instructed the jury that it was not his dwelling-house, as alleged, but allowed them to convict the defendant of burning a building of said Thayer other than a dwelling-house, under the Pub. Sts. c. 203, § 4. We are of opinion that this conviction cannot be supported. It was necessary to…

2Cases cited4 opinions

  1. Commonwealth v. HartwellMassachusetts Supreme Judicial Court · 1880
  2. Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1887
  3. Commonwealth v. TobiasMassachusetts Supreme Judicial Court · 1886
  4. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1888

3Cited by11 opinions

  1. Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
  2. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1890
  3. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1891
  4. State v. BeckwithSupreme Judicial Court of Maine · 1938
  5. Hicks v. StateSupreme Court of Florida · 1901

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