Legal Opinion

Commonwealth v. Bradford

Massachusetts Supreme Judicial Court

Decided November 18, 1878PublishedCited by 35 opinions

Indictment in three counts. The second count, upon which alone the defendant was convicted, charged that the defendant, on February 14, 1878, at Williamsburg, “feloniously, wilfully, and maliciously did set fire to, burn, and consume a certain grist mill and shop there situate, of the property of Herbert L. Bradford and Gilbert M. Bradford, of said Williamsburg; which grist-mill and shop was then, to wit, at the timé of committing the felony aforesaid, insured against loss…

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Indictment in three counts. The second count, upon which alone the defendant was convicted, charged that the defendant, on February 14, 1878, at Williamsburg, “feloniously, wilfully, and maliciously did set fire to, burn, and consume a certain grist mill and shop there situate, of the property of Herbert L. Bradford and Gilbert M. Bradford, of said Williamsburg; which grist-mill and shop was then, to wit, at the timé of committing the felony aforesaid, insured against loss and damage by fire, with intent of him the said Levi Bradford thereby then and there to injure a certain insurance…

1Opinion of the CourtColt, J.

The defendant was indicted for wilfully and maliciously burning a building belonging to his two sons. The second count in the indictment charges an intent thereby to defraud the insurer. At the trial evidence was admitted in support of the indictment, against the defendant’s objection, tending to prove that the defendant set fire to the same mill a few nights before, and that the fire was then discovered and extinguished by a neighbor.

The evidence was competent on the question of the intent with which the defendant subsequently burned the building, and committed t he offence for which he was…

2Cases cited4 opinions

  1. Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
  2. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
  3. Commonwealth v. ReynoldsMassachusetts Supreme Judicial Court · 1877
  4. Commonwealth v. HudsonMassachusetts Supreme Judicial Court · 1867

3Cited by35 opinions

  1. Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1882
  2. People v. SeamanMichigan Supreme Court · 1895
  3. Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
  4. State v. O'DonnellOregon Supreme Court · 1900
  5. Fish v. United StatesCourt of Appeals for the First Circuit · 1914

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