5 Mass. App. Ct. 860 | Mass. App. Ct. | 1977
The defendant appeals pursuant to G. L. c. 278, §§ 33A-33G, from a conviction of larceny of property valued in excess of $100. G. L. c. 266, § 30, as amended through St. 1968, c. 737, § 10. Section 30 “provides that ‘[w] hoe ver steals, or with intent to defraud obtains by a false pretense ... the property of another,’ shall be guilty of larceny.” Commonwealth v. Leonard, 352 Mass. 636, 644 (1967). See Commonwealth v. Camelio, 1 Mass. App. Ct. 296, 299-300 (1973). 1. The defendant assigns as error fhe action of the trial judge in denying his motion for a directed verdict presented at the close of the Commonwealth’s case. There was evidence from which the jury could have found that the defendant entered into a contract to provide the victim with a mobile home and did not intend to fulfil the contract. Such an action would constitute a false representation. Commonwealth v. Morrison, 252 Mass. 116, 122 (1925). Compare Commonwealth v. Anthony, 306 Mass. 470, 480-481 (1940). The jury could further have found that, at the time the contract was entered into, the defendant stated that he would need the money before he could order the mobile home and that the victim, re
Judgment affirmed.