Commonwealth v. Harrison

Arson of a building (G. L. c. 266, § 2, as amended by St. 1948, c. 43, § 2) is a lesser included offence within arson of a building with intent to defraud or injure its insurer (G. L. c. 266, § 10, as appearing in St. 1932, c. 192, § 7). Commonwealth v. Shuman, 17 Mass. App. Ct. 441, 449-451 (1984). The Commonwealth, apparently unmindful of that proposition, secured indictments of the defendant for both offences and put him to trial on both indictments. The evidence in support of both indictments was identical and disclosed that the defendant had lured an employee into setting fire to the…