Commonwealth v. Hosman

Commonwealth v. Sands
90 Mass. App. Ct. 1112 (Mass. App. Ct. 2016)
Tort - Other
Property - Other
Malice has also been defined as conduct that possessed “such a spirit of hostility and ill will against the property and person of anyone, whoever he was, if he stood in the way, or barred the progress of [the defendant].” Commonwealth v. Hosman, 257 Mass. 379, 385 (1926). Here, the Commonwealth presented evidence that the defendant urged his companions to rush the house, by making statements such as “let's get him,” and follow his example of striking down the victim with a brick in order to force his way into the Trabal home to take revenge on the person who stabbed their friend.
Commonwealth v. Morris
70 Mass. App. Ct. 688 (Mass. App. Ct. 2007) Cited 17 times
Tort - Other
Finding insufficient evidence to establish that the defendant was “motivated by hostility, cruelty, or vengeance toward [the property's] owner”
Id. at 5. See Commonwealth v. Hosman, 257 Mass. 379, 384-385 (1926). Rather, the evidence demonstrated that the juvenile's conduct was wanton, i.e., the acts he committed were "done heedlessly and in reckless disregard of the rights of others."