COMMONWEALTH V. PEASLEE 177 Mass. 267, 59 N.E. 55 (1901) CASE BRIEF

COMMONWEALTH V. PEASLEE

177 Mass. 267, 59 N.E. 55 (1901)

NATURE OF THE CASE: Peaslee (D) motioned for directed verdict Commonwealth's (P) attempt to indict D for the attempted burning of a building and its contents with intent to injure the insurers of the building and its contents.

FACTS: D had constructed and arranged combustibles in the building in such a way that they were ready to be lighted, and if lighted would have set fire to the building and its contents. The plan called for a candle which was standing on a shelf six feet away to be placed on a piece of wood in a pan of turpentine and lighted. D offered to pay a young man in his employment if he would go to the building and carry out the plan. This was refused. D and the young man drove toward the building, but when within a quarter of a mile D said that he had changed his mind and drove away. This is as near as he ever came to accomplishing what he had in contemplation.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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