People v. Arnold

WOOD (W. J.), J.

In an information containing two counts defendant was charged with arson and with burning insured property. He was convicted on both counts. The appeal is from an order denying his motion for a new trial.

Defendant contends that the evidence is insufficient to justify the conviction. A statement of the more important facts brought out in the testimony shows that this contention is without merit. Carl Schou, who lived about thirty feet from defendant’s residence at 8927 Ellis Avenue in the city of Palms, arrived home at about 3 o’clock in the morning and through his bedroom window noticed that defendant’s residence was afire. He at once aroused defendant and a Mrs. Paulson, also known as Mrs. Arnold, who was living in the house with defendant. He then went to his landlady’s residence and telephoned the fire department and upon returning met defendant coming out of the house. Together they secured a hose from the premises, sprayed water on the fire and put it out. The firemen arrived promptly and were met in front of the house by defendant who told them: “The fire is out; never mind.” After several questions the firemen learned from defendant that the fire had been in the back of the house. They investigated and found that spar Its and live embers were in the eaves and smoke was still coming out. The firemen entered the attic through a scuttle hole on the service porch and found three tin cans, each partly filled with kerosene, fresh newspapers spread out in a row in the center of the attic, a roll of tar paper and some charred wood and paper. The rear wall had been burned above and around one of the cans of' kerosene. A wheel-type can opener was found in the kitchen. Two of the kerosene cans had been opened by a can opener of that type. Both defendant and Mrs. Paulson stated that they were unable to use the can opener. The cans and the can opener were examined by an expert, who found nothing wrong with the can opener. He stated that from his examination and test he had determined that the particular can opener in question had been used to open one of the cans found in

[13]

the attic. The newspapers found in the attic bore the dates of February 7, 10, and 11 of 1941. Defendant had stored his old newspapers in a pile in the garage, which was kept locked, but the investigator checked the pile of papers and found that the papers of the dates of those found in the attic were missing from the pile.