People v. Jennings

KERRIGAN, J.

The People appeal from an order setting aside and dismissing count I of an information charging the defendants with the crime of murder (Pen. Code, § 187). The defendants were also charged with the crimes of arson (Pen. Code, § 447a) and conspiracy to commit arson (Pen. Code,

[326]

§ 182), but the arson and conspiracy counts are not involved in this appeal.

A review of the evidence, as contained in the transcript of the preliminary examination, indicates that the defendants James M. Jennings and Clarence Homer Hurst and one Arthur Clifford Bockstahler formed a partnership in April 1964 for the purpose of organizing and operating a rest home and rehabilitation center for post-cardiac patients. The copartners leased a motel operation known as Laguna Village Motel, Laguna Beach, California, for the purpose of converting it into a combination rest home-clinic for heart convalescents. Because some of the units were still leased to private tenants at the time the copartnership took over the operation of the motel, the conversion of the business into a medical center could not be immediately effected, although items of medical and clinical equipment were installed by the copartners in some of the apartments as vacancies occurred. Apartment No. 43, in September 1964, was equipped in the fashion of a doctor’s office and contained two patients’ examination tables, a desk, filing cabinets, an electro-cardiogram machine, a day bed, a medical supply cabinet, and other miscellaneous medical fixtures. Apartment No. 42 was adjacent to Apartment No. 43 and was occupied by a family whose lease had apparently not expired.

The members of the partnership took out insurance in the sum of $50,000 on the furniture, furnishings and equipment which they had purchased and installed in the various units of Laguna Village, and also secured fire coverage of $150,000-$200,000 on the permanent buildings and improvements.

On or about September 7,1964, the three partners conspired to set fire to the premises for the purpose of collecting the insurance. An accomplice, Lester Gustav Jaeger, was employed to burn the premises, and the defendant Jennings paid Jaeger a certain sum of money on September 9,1964, to commit arson. It was understood that the defendants Hurst and Jennings would be absent from Laguna Village during the early morning hours of September 10, 1964, when Jaeger ignited the premises. Bockstahler was to remain in his Apartment No. 47 while Jaeger was making the preparations to ignite the buildings.