350 Mass. 331 | Mass. | 1966
An indictment charged the defendant with fifteen counts of larceny of money, each of a value of less than $100, from the Commonwealth. The defendant, having waived his right to a trial by jury, was tried by a judge of the Superior Court who found him guilty on eight counts. The case is here on the defendant’s exception to the denial of his request for a ruling “that the evidence was insufficient to warrant a conviction.”
There was evidence that the defendant was “employed by the Department of Public Works (Waterways Division) of the Commonwealth during 1959 and early 1960, as a temporary inspectai of certain improvements in Wellfleet Harbor, then in process.” He signed weekly pay vouchers, “each showing a total of forty hours for five days of eight hours per day, for the weeks of October 10, 17, 24, 31, November 7,14, 21, 1959, and the week of January 9, 1960,
We are of opinion that this evidence was sufficient for the judge to conclude that the defendant failed to work the forty hours each week which he claimed on his voucher.
The defendant argues that he “fully disclosed his commitments to each employer, and neither was deceived . . ..” His “time vouchers and the propriety of his conduct have not been questioned by his superiors at the Well-fleet jobs [and] Sheehan, who ‘knew what was going on,’ according to Graham, stated that defendant’s services were satisfactory.”
This argument ignores the fact that Sheehan testified that the defendant was required to work eight hours a day as an inspector for his services to be considered satisfactory. Sheehan said that he “himself was . . . [on the job] only an hour each day. ” It is clear, therefore, that Shee-
There was no error in the denial of the defendant’s request.
Exceptions overruled.