People v. Kasparoff

CONREY, P. J.

By information duly filed the defendant was accused of three offenses to wit, the crime of burning insured property with intent to defraud an insurance company, the crime of - attempt to commit murder by attempting to kill and murder one Satinig Kasparoff, and the crime of attempt to commit murder by attempting to kill and murder one Katrina Kasparoff. It was alleged that these three offenses were connected together in their commission. By verdict of the jury, the defendant was acquitted on the two charges of attempt to commit murder and was convicted on the first count, that is to say, of the crime of burning insured property. Having been duly sentenced, he appeals from the judgment and from an order denying his motion for a new trial.

Appellant contends that the evidence is not sufficient to sustain the verdict of conviction, and particularly that the

corpus delicti

was not proven. The fire occurred on the night of December 26, 1926. The house was owned by the defendant and was occupied by defendant with his wife and children, together with Satinig Kasparoff and her daughter Katrina. Satinig was the widow of defendant's deceased brother. The mother and daughter occupied a room by themselves in the house. Not only was the fact proven that the house was partially burned that night, but there was evidence that the fire was of incendiary origin, and there was evidence pointing to the defendant as the author of the conflagration. It was shown that defendant had purchased the house for $350 and had moved it to a parcel of land held by him and Satinig in joint tenancy, and that defendant had insured the house and its furnishings and a small garage for a total sum of $2,800. There was much evidence concerning financial transactions between defendant and Satinig Kasparoff concerning moneys belonging to her. While this evidence related more directly to the charge of attempt to murder, it also had some relation in connection with the insurance, to the element of motive which might have induced defendant to set the fire. Without more extensively outlining the details of the story, it plainly enough

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appears that the evidence is sufficient to prove the

corpus delicti