COMMONWEALTH V. CALI
247 Mass. 20, 141 N.E. 510 (1923).
NATURE OF THE CASE: This was an appeal of a conviction for setting a fire with the intent
to defraud an insurer after the denial of a motion for a directed verdict.
FACTS: Cali (D) set fire to a building belonging to a relative, Maria Cali. D was
indicted for setting the fire with the intent to defraud an insurer. At trial, D offered
evidence that the fire was set accidentally, but that he later made no attempt to put out
the fire. Putting out the fire would have been easy to do with no great degree of risk. The
court instructed the jury that if they found that D purposefully refrained from
extinguishing the fire with the intent to collect the insurance money, he must be convicted.
D was convicted. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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