Commonwealth v. Gauvin

Decided November 26, 1886

Massachusetts Supreme Judicial Court · decided 1886-11-26

Indictment, in four counts, for burning a building in Marlborough, on December 15, 1885. At the trial in the Superior Court, before Staples, J., it was contended by the government, and evidence was introduced tending to prove, that the fire was of incendiary origin. This was not disputed or denied by the defendant. The evidence relied upon by the government to convict the defendant was wholly circumstantial.

Cited by 2 later decisions — most recently November 1953

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-26

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By the Court.

¶1The indictment charges the defendant with burning a building in Marlborough. The fact that there were two other fires in Marlborough shortly before the burning alleged in the indictment, which the defendant contended “ were of incendiary origin,” has no tendency to prove either that the defendant did or did not set fire to the building named in the indictment.

¶2The court was not called upon to try in this case the questions whether the two previous fires occurred, whether they were incendiary, and, if they were, whether they were set by the *136defendant or by some other person. These questions are collateral and immaterial, as, whichever way they might be settled, they do not aid in determining whether the defendant was guilty of the offence charged. The court rightly rejected the evidence offered by the defendant to show such previous fires.

¶3Exceptions overruled.