Legal Opinion

Commonwealth v. Catalano

Massachusetts Appeals Court

Decided July 1, 2009No. 08-P-1340PublishedCited by 4 opinions

1Opinion of the CourtSmith, J.

Following a jury-waived trial in the District court, the defendant, Paula Catalano, was convicted of two counts of larceny over $250, in violation of G. L. c. 266, § 30(1), and two counts of identity fraud, in violation of G. L. c. 266, § 37E. On appeal, she claims that the judge improperly denied her motion for required findings of not guilty, and that electricity and gas do not constitute “property” within the meaning of G. L. c. 266, § 30(2). We affirm.

1. Background. The fact finder reasonably could have found the following facts. During the relevant time period, the defendant resided at…

2Cases cited10 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  3. Commonwealth v. DegroMassachusetts Supreme Judicial Court · 2000
  4. Commonwealth v. MillsMassachusetts Supreme Judicial Court · 2002
  5. Helvey v. Wabash County REMCIndiana Court of Appeals · 1972

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3Cited by4 opinions

  1. GFI Wisconsin, Inc. v. Reedsburg Utility CommissionDistrict Court, W.D. Wisconsin · 2010
  2. Commonwealth v. MattierMassachusetts Supreme Judicial Court · 2016
  3. In Re Erving Industries, Inc.United States Bankruptcy Court, D. Massachusetts · 2010
  4. In re Erving Industries, Inc.United States Bankruptcy Court, D. Massachusetts · 2010

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