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Commonwealth v. Peaslee | 59 N.E. 55 (1901)
If a potential perpetrator is thwarted, or changes his mind before the criminal deed is done, can he still be charged with the attempt to commit the crime? The Massachusetts Supreme Judicial Court considered that very question in the 1901 case of Commonwealth versus Peaslee.
Lincoln Peaslee wanted to burn his building and goods in order to collect the insurance proceeds. He had set up flammable materials in the building so that the only remaining step was to light a candle to ignite them. Peaslee offered to pay his employee if the employee would light the fire. The employee declined. Later, Peaslee and his employee were driving toward the building. Shortly before arriving, Peaslee changed his mind about lighting the fire and drove away. He didn’t do anything else toward lighting the fire.
Peaslee was indicted for attempting to burn his building and goods to collect from the insurers. He sought exceptions to have the court either quash the indictment or grant a directed verdict of not guilty. The trial court denied Peaslee’s exceptions, and he appealed to the Supreme Judicial Court of Massachusetts.
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