Commonwealth v. Curtis

• Decision Date: 30 October 1945
• Citation: 318 Mass. 584,63 N.E.2d 341
• Parties: COMMONWEALTH v. CURTIS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

318 Mass. 584

63 N.E.2d 341

COMMONWEALTH

v.CURTIS.

Supreme Judicial Court of Massachusetts, Bristol.

Oct. 30, 1945.

George E. Curtis was tried for murder, found not guilty by reason of insanity, and committed to Bridgewater State Hospital, and he appeals, assigning errors.

Verdict set aside and order of commitment vacated.Appeal from Superior Court, Bristol County; Forte, Judge.

Before FIELD, C. J., and LUMMUS, QUA, DOLAN, and WILKINS, JJ.

F. E. Smith, Dist. Atty., of Taunton, for Commonwealth.

W. A. Bellamy, of Taunton, for defendant.

WILKINS, Justice.

The defendant was tried upon an indictment for the murder of James Geanecopoulos, and the jury returned a verdict of not guilty by reason of insanity. He accordingly was committed to Bridgewater State Hospital. G.L. (Ter.Ed) c. 123, § 101. The defendant filed a claim of appeal and an assignment of errors. See G.L.(Ter.Ed.) c. 278, §§ 33A-33G, as amended.

One ground of error assigned is the denial of the defendant's motion for a directed verdict of not guilty. Although found not guilty by reason of insanity, the defendant was aggrieved unless there was evidence warranting a verdict of guilty. This we think was lacking. Evidence which does not go beyond showing that the defendant had an opportunity to commit the crime is insufficient. People v. Holtz, 294 Ill. 143, 154, 128 N.E. 341. The question of guilt is ‘left to conjecture or surmise and has no solid foundation in established facts.’ Commonwealth v. O'Brien, 305 Mass. 393, 401, 26 N.E.2d 235, 240;Commonwealth v. Ehrlich, 308 Mass. 498, 500, 33 N.E.2d 259. Compare Commonwealth v. Leach, 160 Mass. 542, 551, 36 N.E. 471.

On April 15, 1943, about 1:40 P.M. the deceased, the poultry farmer, who lived alone in a small house, in a sparsely populated section of Berkley, was found dead in the kitchen, where he apparently had been sorting or washing eggs. The body was lying face down on the floor, indicating an attack from behind. There was a pool of blood near the head, which had been repeatedly struck by a weapon having a circular, ovoid or elliptical surface area and a relatively small striking surface. There had been no struggle. Discovery of the body was made by the defendant, also a poultry farmer. There was no evidence that he had changed his clothing, which disclosed no blood stains, although blood had been plentifully spattered on the kitchen floor, walls and ceilings, and on dishes and other contents of the room. On the previous day the deceased had shown the defendant a roll of bills amounting to $1,400 which he had had in his overalls. This was missing, but none was traced to the defendant, who was not in financial straits, although in common with many others he could have found a use for more money if he had had it. Shortly after 9 P. M. on the previous evening the deceased had exhibited a roll of bills in a local store to the storekeeper and others. This was the last time he was shown to have been seen alive. A sum of $1,840 which the deceased kept in a trunk was untoucked. The defendant resided with his wife on another farm about four hundred twenty feet from the deceased's house. He...