State v. Cafarelli

Defendant was convicted, in a trial without a jury, as an accomplice to the first degree murder of her husband. The killing was committed by her 17-year-old paramour, James Mclntire. The state charged that defendant conspired with Mclntire to commit the murder. On appeal defendant claims that there is insufficient evidence to establish a conspiracy and that her motion for a judgment of acquittal should have been allowed.

Defendant’s husband was employed as a trainman. When his work took him away from home at night his place was frequently occupied by others, the last favorite being Mclntire.…