318 Mass. 584 | Mass. | 1945
The defendant was tried upon an indictment for the murder of James Geanecopoulos, and the jury returned a verdict of not guilty by reason of insanity. He accordingly was committed to Bridgewater State Hospital. G. L. (Ter. Ed.) c. 123, § 101. The defendant filed a claim of appeal and an assignment of errors. See G. L. (Ter. Ed.) c. 278, §§ 33A-33G, as amended.
One ground of error assigned is the denial of the defendant's motion for a directed verdict of not guilty. Although found not guilty by reason of insanity, the defendant was aggrieved unless there was evidence warranting a verdict of guilty. This we think was lacking. Evidence which does not go beyond showing that the defendant had an opportunity to commit the crime is insufficient. People v. Holtz, 294 Ill. 143, 154, The question of guilt is “left to conjecture or surmise and has no solid foundation in established facts.” Commonwealth v. O’Brien, 305 Mass. 393, 401. Commonwealth v. Ehrlich, 308 Mass. 498, 500. Compare Commonwealth v. Leach, 160 Mass. 542, 551.
On April 15, 1943, about 1:40 p.m., the deceased, a poultry farmer, who lived alone in a small house in a sparsely populated section of Berkley, was found dead in the kitchen, where he apparently had been sorting or washing eggs. The body was lying face down on the floor, indicating an attack from behind. There was a pool of blood near the head, which had been repeatedly struck by a weapon having a circular, ovoid, or elliptical surface area and a relatively small striking surface. There had been no struggle. Announcement of the discovery of the body was made by the defendant, also a poultry farmer. There was no evi
Verdict set aside.
Order of commitment under G. L. (Ter. Ed.) c. 128, % 101, vacated.