SPALDING, J.
The defendant was tried and convicted under an indictment which charged that on December 17, 1960, he "did attempt to wilfully and maliciously set fire to and burn a certain dwelling house of the property of Eugene Berube."
The material evidence was as follows: "On December 17, 1960, the defendant was drinking in the Moody Gardens on Moody Street, Lowell. About 8 P.M. he left by the street exit, walked to the rear of the building and went up the...
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