Commonwealth v. Cali

247 Mass. 20, 141 N.E. 510 (1923).

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Nature of the Case

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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.