Commonwealth v. Schultz

1. The evidence offered in support of No. 83-80C was insufficient to warrant a finding that the defendant had acted “maliciously” within the meaning of the second clause of G. L. c. 266, § 114. See Commonwealth v. Peruzzi, 15 Mass. App. Ct. 437, 440-444 (1983), and cased cited. 2. The integrity of the fence was only as good as the padlocked chain which held together the two halves of the gate which, when swung open, permitted vehicular access through the fence, with the result that the chain constituted a part of a “fence” within the meaning of the same clause of § 114. That being so, there…