Commonwealth v. Vellucci

Decision Date28 November 1933
Citation284 Mass. 443,187 N.E. 909
PartiesCOMMONWEALTH v. VELLUCCI.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

OPINION TEXT STARTS HERE

Exceptions from Superior Court, Bristol County; Hanify, Judge.

John Vellucci was convicted of burning an insured dwelling house with intent to defraud an insurance company, and he brings exceptions.

Exceptions overruled.

F. E. Smith, Asst. Dist. Atty., of Boston, for the commonwealth.

H. W. Radovsky and I. H. Simon, both of Fall River, for defendant.

DONAHUE, Justice.

The defendant was tried and was convicted by a jury on an indictment which charged that he burned a dwelling house which was insured, with the intent to defraud an insurance company. G. L. (Ter. Ed.) c. 266, § 10. The only exception of the defendant is to the failure of the trial judge to allow his motion for a directed verdict of not guilty.

The defendant and his wife lived in Providence, Rhode Island. She owned a house on Emmett Street in Fall River which in April, 1932, was vacant. It was insured for $1,500 under a five year policy issued in October, 1927. In September, 1931, when the defendant transferred to his wife his interest in the property and assigned to her his interest in the policy, the amount of insurance was increased to $3,000. On Friday, April 29, 1932, at about 1 o'clock in the afternoon a passerby saw indications that there had been a fire in this house, found the door open and entered. There was no fire burning in the house at that time but woodwork in different parts of the house had been burned, and there were three bushel baskets in different places containing what appeared to be paper that had been consumed by fire, gallon cans which contained gasoline and kerosene, marks on the floor leading to the baskets which might have been found to have been made by fuses and other evidence which warranted the finding that the fire was of incendiary origin.

There was evidence that the defendant and another man were seen in a yard adjoining the premises at about 3 o'clock on Friday afternoon after the discovery of the fire. On the following day when the defendant was questioned by a police inspector he said that when he went home Friday night he learned from his wife that she had, that afternoon, received a letter notifying her that there had been a fire in the Fall River house. He stated that he had not been at that house for a month. A witness was then brought into his presence who said that he had seen the defendant and another man in the yard at about 3 o'clock on Friday afternoon. The defendant then said that he had been at the house between 4 and 5 o'clock on Friday afternoon but that no man was with him and if another man was there it was a man passing through the yard. He further said that he came to Fall River on Friday afternoon to look for work, that he went to the house, entered it, saw the cans and baskets and abserved that there had been a fire and that he was...

To continue reading

Request your trial
49 cases
  • Com. v. Clark
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • July 5, 1979
    ... Page 296 ... 393 N.E.2d 296 ... 378 Mass. 392 ... COMMONWEALTH ... George E. CLARK ... Supreme Judicial Court of Massachusetts, Middlesex ... Argued March 6, 1979 ... Decided July 5, 1979 ... Page 297 ... Clifford, --- Mass. ---, --- - ---, 372 N.E.2d 1267 (1978), I quoting from Commonwealth v. Vellucci, 284 Mass. 443, 445, 187 N.E. 909 (1933). See Commonwealth v. Vitello, --- Mass. ---, --- - ---, J 381 N.E.2d 582 (1978). Viewed in this light, ... ...
  • Com. v. Clifford
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 27, 1978
    ... Page 1267 ... 372 N.E.2d 1267 ... 374 Mass. 293 ... COMMONWEALTH ... Frank CLIFFORD ... Supreme Judicial Court of Massachusetts, Hampden ... Argued March 7, 1977 ... Decided Jan. 27, 1978 ... Page 1269 ... Vellucci, 284 Mass. 443, 445, 187 N.E. 909, 910 (1933). Commonwealth v. Gallagher, --- Mass.App. ---, --- b , 357 N.E.2d 31 (1976) ... ...
  • Com. v. Vitello
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • September 26, 1978
    ... Page 582 ... 381 N.E.2d 582 ... 376 Mass. 426 ... COMMONWEALTH ... Peter VITELLO ... Supreme Judicial Court of Massachusetts, Middlesex ... Argued March 6, 1978 ... Decided Sept. 26, 1978 ... Page 584 ... Vellucci, 284 Mass. 443, 445, 187 N.E. 909, 910 (1933). Commonwealth v. Gallagher, 4 Mass.App. ---, ---, 357 N.E.2d 31 (1976)." L Commonwealth v ... ...
  • Com. v. Campbell
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • August 7, 1979
    ... Page 820 ... 393 N.E.2d 820 ... 378 Mass. 680 ... COMMONWEALTH ... John CAMPBELL, Jr. (and two companion cases 1 ) ... Supreme Judicial Court of Massachusetts, Norfolk ... Argued Feb. 6, 1979 ... See Commonwealth v. Vellucci, 284 Mass. 443, 445-446, 187 N.E. 909 (1933). In cumulation, the various items of evidence and permissible inferences therefrom were sufficient to ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT