People v. Wolfeart

VALLÉE, J.

Defendant was charged with arson in two counts and with a prior conviction of burglary. He admitted the prior conviction. He was tried by a jury on the charges of arson. The jury convicted him as to count one and disagreed as to count two. Count two was then dismissed. He appeals from the judgment. Count one alleged that on August 16, 1949, defendant set fire to a dwelling house at 1138 Washington Boulevard, Los Angeles.

The fire occurred about 4:30 a. m. on Tuesday, August 16, 1949. It was of incendiary origin. It was started with an inflammable liquid. Defendant contends there was no evidence to connect him with the offense.

The building burned consisted of a store with a five-room residence in the rear. A Mrs. Summers, with her three children, occupied four rooms. Mrs. Greenberg occupied one room. At one time defendant and Mrs. Greenberg were planning to be married. Defendant stayed on the premises several nights

[654]

after May 27,1949. He slept there overnight on the Saturday preceding the fire. On Sunday he and Mrs. Greenberg quarreled. Mrs. Greenberg left and when she returned defendant told her that he did not believe her statement that she had gone to see a lady friend. He said, “I have seen you with another man there.” Mrs. Greenberg told him he had better leave. He grabbed her, threw her on a chair, and slapped her face with his hand. She ran out to call the police. She next saw defendant the following day. He came to get his clothes. She refused to give them to him because he owed her money. Defendant said, “If you are not going to give me the clothes, I know how to get it. I have no home. You are not going to have no home. ’ ’

The same day defendant told Mrs. Summers he wanted his things. She told him to go away. She told him if he did not leave she would call the police. Defendant said, “Call them. I will fix you.”

About 7 or 7:30 p. m. on August 15, defendant attempted to buy some Butane at a service station, saying that he wanted it for a stove in a trailer. When he could not obtain Butane, he purchased a half gallon of gasoline, saying that he wanted it with which to wash his hands. About 9 :10 that evening there was a fire in a pile of rubbish at the side of the house at 1138 Washington Boulevard. Shortly before that Mrs. Summers’ daughter saw appellant coming along the side of the house. Mrs. Summers called the fire department which responded and extinguished the fire.