Commonwealth v. Makely

Allen, J.-

This is an indictment under the Gen. Sts. c. 161, § 1, for arson by burning the dwelling-house of one Ackert. There was evidence tending to prove that the defendant burned the house; and that she did it by the procurement of Ackert, to enable him to obtain money from insurers.

The defendant asked the court to instruct the jury that, if the burning was with the consent and by the procurement of Ackert, and without any design to injure any person, the defendant could not be convicted under this indictment. The court declined to give this instruction; and instructed the jury that, if…