The charge upon this point was full and complete. Commonwealth v. Hosman, 257 Mass. 379, 384, 385, and cases there cited. The other assignments of error need not be discussed.

To constitute malice, it is not necessary that the defendant know the owner of the property. ( People v. Jones, 241 Ill. 482, 16 Ann. Cas. 332, 89 N.E. 752; Commonwealth v. Hosman, 257 Mass. 379, 154 N.E. 76.) Appellants' requested Instruction No. 3 was sufficiently covered by Instructions Nos. 12 and 13 as given.

Although the basis for a rational estimate of substantial damages was scanty, we cannot say that no basis existed, or that the award of more than nominal damages must have been a pure speculation. Maynard v. Royal Worcester Corset Co. 200 Mass. 1, 8. Wellington v. Cambridge, 220 Mass. 312, 317. Lowrie v. Castle, 225 Mass. 37, 51, 52. Whitcomb v. Reed-Prentice Co. 262 Mass. 348, 360. O'Reilly's Case, 265 Mass. 456. Commonwealth v. Hosman, 257 Mass. 379, 386. Bradford v. Cunard Steamship Co. 147 Mass. 55, 57. Hawkins v. Jamrog, 277 Mass. 540, 544, 545. Connery v. Cass, 277 Mass. 545, 551. If, as we think, more than nominal damages could be awarded, the defendant raises no question as to their amount or the method by which the judge assessed them. Page v. Johnston, 205 Mass. 274, 279. The general exception to the finding does not raise the point that the evidence was insufficient in law to support it. Keohane, petitioner, 179 Mass. 69, 73. Reid v. Doherty, 273 Mass. 388.

Commonwealth v. Capland, 254 Mass. 556. Commonwealth v. Friedman, 256 Mass. 214. Taylor v. Creeley, 257 Mass. 21. Commonwealth v. Hosman, 257 Mass. 379, 386. Claffey v. Fenelon, 263 Mass. 427, 435.

The case falls within the authority of numerous decisions. Bradford v. Cunard Steamship Co. 147 Mass. 55. Manilla v. Houghton, 154 Mass. 465, 468. Scullane v. Kellogg, 169 Mass. 544, 550. McGarrahan v. New York, New Haven Hartford Railroad, 171 Mass. 211, 220. Maynard v. Royal Worcester Corset Co. 200 Mass. 1, 8. Commonwealth v. Hosman, 257 Mass. 379, 386. Cross v. Sharaffa, 281 Mass. 329, 331. Parker v. Levin, 285 Mass. 125, 129. Doherty v. Ruiz, 302 Mass. 145, 147. Exceptions overruled.

Commonwealth v. Walden, 3 Cush. 558, 561. Commonwealth v. Williams, 110 Mass. 401. Commonwealth v. Goodwin, 122 Mass. 19, 35. Commonwealth v. Hosman, 257 Mass. 379. G.L. (Ter. Ed.) c. 266, §§ 94-138.

The defendant relies heavily on a line of cases involving prosecutions for malicious mischief. Commonwealth v. Walden, 3 Cush. 558. Commonwealth v. Williams, 110 Mass. 401. Commonwealth v. Hosman, 257 Mass. 379. But these cases are not in point. In offences of that sort it has generally been recognized that malice has a meaning quite different from its ordinary meaning in the criminal law.

Second, we believe that the facts underlying the presumption are within the jury's common sense and knowledge and that it would be inappropriate and artificial to forbid jurors to rely, at least in part, on their common experience. See Commonwealth v. Hosman, 257 Mass. 379, 386 (1926); United States v. Dube, 520 F.2d 250, 254-255 (1st Cir. 1975) (Campbell, J., concurring). Cf. Keys v. United States, 346 F.2d 824, 826 (D.C. Cir.), cert. denied, 382 U.S. 869 (1965). "[I]n deciding the issue of insanity in a criminal case, the jury may infer that the defendant is sane from their common knowledge of the fact that a great majority of men are sane, and of the probability that any particular man is sane."

He requested that an additional special venire be drawn. In Commonwealth v. Hosman, 257 Mass. 379, 386 (1926), the venire was exhausted and jurors were summoned from another session to complete the panel. There is no showing that the defendant was prejudiced in any way by the selection of jurors from the regular jury pool.

There was evidence from which the jury could have inferred that the truck was worth more than one hundred dollars; therefore it was not necessary that the judge strike the allegation that the value was more than one hundred dollars before submitting the case to the jury. Commonwealth v. Hosman, 257 Mass. 379, 386 (1926). 2.