COMMONWEALTH v. MURPHY


1 Mass. App. Ct. 71 (1973)

294 N.E.2d 558

COMMONWEALTH vs. EDWARD H. MURPHY (and a companion case).

Appeals Court of Massachusetts, Barnstable.

January 23, 1973.


Attorney(s) appearing for the Case

Joseph J. Balliro for the defendants.

Philip A. Rollins, District Attorney (W. James O'Neill, Assistant District Attorney, with him), for the Commonwealth.

Present: ROSE, GOODMAN, & ARMSTRONG, JJ.


ROSE, J.

The defendants, Murphy and Tilley, after trial subject to G.L.c. 278, §§ 33A-33G, were found guilty by the trial judge sitting without a jury on separate indictments of burning a dwelling house. G.L.c. 266, § 1. Each defendant appeals, and argues only an assignment of error based on the trial court's denial of his motion for judgment of acquittal. Each contends that the Commonwealth failed to introduce a sufficient amount of evidence to warrant...

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