Commonwealth v. Hosman

3 Citing cases

  1. Commonwealth v. Mauricio

    477 Mass. 588 (Mass. 2017)   Cited 29 times   2 Legal Analyses
    Declining to address merits of standing argument because issue had not been "meaningfully addressed" at motion to suppress hearing

    It is true, as the Commonwealth points out, that the trier of fact may employ "common sense" and common experience to determine the valuation issue. See Commonwealth v. Muckle , 59 Mass.App.Ct. 631, 643, 797 N.E.2d 456 (2003), citing Commonwealth v. Hosman , 257 Mass. 379, 385-386, 154 N.E. 76 (1926). Here, however, equipped only with the brand and photograph of the ring, we cannot conclude that the application of common sense and experience is sufficient to fill the evidentiary gap. Compare Muckle , supra (noting jury may apply "common sense" to conclude that value of vehicle exceeded $250), with Tracy , 27 Mass.App.Ct. at 467, 539 N.E.2d 1043 (concluding common experience of jurors insufficient to establish that value of firearm exceeded one hundred dollars).

  2. Commonwealth v. McGovern

    397 Mass. 863 (Mass. 1986)   Cited 108 times
    Finding sufficient evidence that “the defendant's destructive acts ... were hostile to the owner of the [property]”

    It is immaterial whether the defendant knew the identity of the owner of the property. Commonwealth v. Peruzzi, supra at 442 n. 4. See Commonwealth v. Hosman, 257 Mass. 379, 384-385 (1926). The evidence clearly warranted the judge in finding beyond a reasonable doubt that the defendant's destructive acts were by design and were hostile to the owner of the booth.

  3. Commonwealth v. Ruddock

    25 Mass. App. Ct. 508 (Mass. App. Ct. 1988)   Cited 14 times
    In Commonwealth v. Ruddock, 25 Mass.App.Ct. 508, 512–513, 520 N.E.2d 501 (1988), for example, this court discussed what “transforms an injurious act into wanton conduct. [The court was] concerned with a spirit of indifference or recklessness, perhaps even arrogance and insolence, but not cruelty, revenge, or hostility.... However, conduct cannot be characterized as wanton or reckless for purposes of criminal liability simply by reason of an indifference to a probable but slight injury.

    Under that portion of § 127 bracketed as [1] at note 1, supra, and its antecedents, an injurious act is deemed criminal when it is shown to have been committed with a spirit of cruelty, revenge, or hostility. See Commonwealth v. Walden, 3 Cush. 558 (1849); Commonwealth v. Williams, 110 Mass. 401 (1872); Commonwealth v. Hosman, 257 Mass. 379 (1926); Commonwealth v. Peruzzi, 15 Mass. App. Ct. 437 (1983). See also Nolan, Criminal Law § 427, at 259-260 (1976).