COMMONWEALTH v. LAMOTHE


343 Mass. 417 (1961)

179 N.E.2d 245

COMMONWEALTH vs. LOUIS L. LAMOTHE, JUNIOR.

Supreme Judicial Court of Massachusetts, Middlesex.

December 29, 1961.


Attorney(s) appearing for the Case

Ronald J. Chisholm, (Albert L. Hutton, Jr., with him,) for the defendant.

Ruth I. Abrams, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & SPIEGEL, JJ.


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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