People v. Watkins

FOURT, J.

This is an appeal from a judgment of conviction of arson.

In an information filed in Los Angeles on June

7,

1967, defendant was charged with setting fire to a building on May 2, 1967, in violation of the provisions of section 447a, Penal Code. It was further charged that defendant had six times previously been convicted of felonies, namely forgery in August 1953, narcotics violation in April 1955, burglary and petty theft in January 1957, deadly weapon law violation in April 1959, and burglary and forgery in April 1963. Defendant pleaded not guilty and admitted the charged prior convictions. It was stipulated that the matter be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing and such other testimony as might be introduced at the trial. Defendant was found guilty as charged and sentenced to the state prison, the term to run concurrently with any other sentence to which defendant is subject. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Mrs. Hamilton resided at 2271 East 99th Place in Los Angeles on May 2, 1967, with her son and daughter Patricia aged about 14 years. Mrs. Hamilton and defendant some time previously had a close relationship but “couldn’t be friends anymore.” Mrs. Hamilton had some difficulty with defendant in October 1966 and she complained to the police. Ultimately defendant was sent to prison for certain committed offenses related to the complaints of Mrs. Hamilton. After serving some time in prison defendant was releasd on parole and within a matter of hours thereafter he contacted Mrs. Plamilton. At about 12:50 a.m. defendant called Mrs. Hamilton on the telephone and she said to him: “We have nothing to talk about because your parole officer, and also the Judge, . . . told me last year that we weren’t to have any connections with one another whatsoever.” Defendant then made some threats to Mrs. Hamilton.

At the establishment of Mrs. Hamilton there was a tool shed attached to the house. At about 3 :30 a.m. May 2, 1967, Patricia heard a 1‘ cracking ’ ’ sound, went to the bathroom to investigate and saw a fire at the shed. Mrs. Hamilton, as did some others in the neighborhood, kept her bathroom light burning

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