People v. Hurst

SHAW, J.

By the first count of an information filed by the district attorney, defendant was charged with the crime of arson. By the second count thereof he was charged with the offense defined in section 548 of the Penal Code, to wit, the burning of insured property, alleged to be a dwelling-house, and contents consisting of furniture therein, with intent to defraud the insurer.

No objection by motion or demurrer was interposed to the information by defendant, who, upon trial, was convicted of arson in the first degree, followed by a judgment thereon of imprisonment for the term prescribed by law, which, as specified in section 455 of the Penal Code, is not less than two years. He was likewise convicted as charged in the second count and adjudged to suffer imprisonment for the term prescribed by law, which, as specified in section 548 of the Penal Code, is not less than one year; it being provided that such last-mentioned judgment should run concurrently with the judgment pronounced upon defendant’s conviction of the crime of arson.

On appeal from these judgments defendant, without objection urged in the court below, insists, for some reason not appearing in his brief, that it was error to con

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vict Tn'm upon both charges. In the absence of any reason assigned therefor, we are unable to perceive any ground upon which the objection could be based. Section 954 of the Penal Code provides that “an . . . information may charge two or more different offenses connected together in their commission, or two or more different offenses of the same class of crimes or offenses, under separate counts.” The offenses are different and connected together in their commission; one being for arson, and the other for burning insured property, its contents, with intent to defraud. By the one act, since the property was insured and the burning accompanied with the intent to defraud, two crimes were committed.

That the evidence was clearly sufficient to show defendant’s guilt, admits of no doubt whatsoever. He occupied the house as a tenant of another, and at the time of the fire he held a policy of insurance upon the furniture in the sum of two thousand dollars for his own benefit. With an associate, likewise charged with the commission of the crime and who pleaded guilty to the second count, defendant participated in the burning of the house, the purpose thereof, as clearly appears from the evidence, being to obtain the insurance money with which he and his associates were to go to Mexico. The fact that, in accordance with their agreement, the fire was ignited by King, who obtained the kerosene therefor, renders defendant none the less guilty.