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• Title: Commonwealth v. Belenski (Two Cases)
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 05, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

CARROLL, J. The defendant was convicted on November 26, 1930, of murder in the first degree on two separate indictments tried together. One indictment charged the defendant with the murder of Wincenty Stefanowicz, otherwise called William Stefanowicz. The other indictment charged the defendant with the murder of Stanislawa Stefanowicz, otherwise called Stacia Stefanowicz, the wife of Wincenty Stefanowicz. The bill of particulars filed by the commonwealth in each case specified that the crime was committed between May 20, 1930, and August 10, 1930; that the weapon or instrument used in the commission of the offense was unknown to the commonwealth. The evidence was as follows: Wincenty Stefanowicz was about fifty-seven years old; the wife was about seven or eight years older than her husband. They lived on a farm in Stow owned by the husband or the husband and wife. The defendant, who was thirty-seven years of age, worked for them as a farm hand and lived with them. Wincenty and Stanislawa Stefanowicz were alive on May 21, 1930. In June inquiries were made as to the whereabouts of the husband and wife, and when the defendant was asked about them he said the husband had gone to Chicago to see a doctor; at another time he said the husband had gone to Chicago and Mrs. Stefanowicz was in Everett; at another time he said she was in Lynn; to another witness he said they had gone to the old country; he said he was going to buy the farm in Stow and also the real estate owned by the Stefanowiczs, in Concord, with $8,000 received from his brother, who had died in New Hampshire, and $2,000 from his insurance. In July, 1930, the defendant sold some of the cattle on the farm in Stow and collected rent for the Concord place. In June he attempted to collect a check payable to William Stefanowicz and at that time said his name was Stefanowicz, stating: 'I'm the old man's brother.' The check, payable to William and purporting to be indorsed by him, was later presented to another merchant, the defendant receiving in cash the difference between the amount of the account owed and the face value of the check. In June the defendant said he had received a letter from the Stefanowiczs; that they were sick and he was going to send them some money. On two occasions while Wincenty was alive he had said in the presence of the defendant that the defendant was going to buy the farm. There was also evidence that in July the defendant left the farm, and on his return said he had been to Malden to see Stacia, that she was going to return to the farm on the following Wednesday. The defendant left Stow early in August before the bodies of Mr. and Mrs. Stefanowicz were discovered.

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