Commonwealth v. Walter

Around 10:25 p.m. on April 23, 1976, an explosion and subsequent fire destroyed the Malmark television, stereo and appliance store in Westwood and severely damaged adjoining stores in the Westwood 128 Plaza. The defendants are Roy and Mark Walter, brothers who owned and operated Malmark; 1 each was convicted by a jury of burning a building with intent to defraud an insurer, 2 burning a building, 3 and destruction of property by explosion. 4

After the Commonwealth rested, and again at the close of all the evidence, the defendants moved for a directed verdict. In each instance the motion was…