Commonwealth v. Crawford

Massachusetts Appeals Court

Commonwealth v. Crawford

421 N.E.2d 1249, 12 Mass. App. Ct. 883, 1981 Mass. App. LEXIS 1119

DecidedJune 16, 1981

StatusPublished

This text of 421 N.E.2d 1249 (Commonwealth v. Crawford) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Crawford, 421 N.E.2d 1249, 12 Mass. App. Ct. 883, 1981 Mass. App. LEXIS 1119 (Mass. Ct. App. 1981).

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Opinion

The appeal is from a six-man jury conviction on a complaint charging the defendant with an attempt (G. L. c. 274, § 6) to commit larceny (G. L. c. 266, § 30[1] and [2]). On the evidence most favorable to the Commonwealth, it was matter of conjecture (see and compare Commonwealth v. Croft, [884]*884345 Mass. 143, 143-145 [1962]; Commonwealth v. Senati, 3 Mass. App. Ct. 304, 305-306 [1975]) whether the defendant had removed the wallet from the trousers in question, which was the only overt act charged on the face of the complaint. See G. L. c. 277, § 79 (attempt to commit crime); Commonwealth v. Gosselin, 365 Mass. 116, 121 (1974); Commonwealth v. Burns, 8 Mass. App. Ct. 194, 195-197 (1979). Accordingly, the judgment is reversed, the verdict is set aside, and the complaint is to be dismissed.

Bruce T. Macdonald for the defendant. Kevin J. Ross, Legal Assistant to the District Attorney, for the Commonwealth.

So ordered.

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The appeal is from a six-man jury conviction on a complaint charging the defendant with an attempt (G. L. c. 274, § 6) to commit larceny (G. L. c. 266, § 30[1] and [2]). On the evidence most favorable to the Commonwealth, it was matter of conjecture (see and compare Commonwealth v. Croft, [884]*884345 Mass. 143, 143-145 [1962]; Commonwealth v. Senati, 3 Mass. App. Ct. 304, 305-306 [1975]) whether the defendant had removed the wallet from the trousers in question, which was the only overt act charged on the face of the complaint. See G. L. c. 277, § 79 (attempt to commit crime); Commonwealth v. Gosselin, 365 Mass. 116, 121 (1974); Commonwealth v. Burns, 8 Mass. App. Ct. 194, 195-197 (1979). Accordingly, the judgment is reversed, the verdict is set aside, and the complaint is to be dismissed.

Bruce T. Macdonald for the defendant. Kevin J. Ross, Legal Assistant to the District Attorney, for the Commonwealth.

So ordered.

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Bluebook (online)

421 N.E.2d 1249, 12 Mass. App. Ct. 883, 1981 Mass. App. LEXIS 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-crawford-massappct-1981.

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