People v. Adams

GRIFFIN, J. Defendant and appellant was convicted by the court upon two counts of an information. One charged that on August 15, 1952, he committed the crime of arson (violating Pen. Code, § 449a—burning of a Studebaker sedan), and in another count he was charged with grand theft of the sedan. Judgment was that appellant be committed to state’s prison. Four years’ probation was granted and execution of sentence was suspended on certain conditions, one being that appellant serve 60 days in the county jail. He was acquitted upon a count charging that he burned another automobile on August 13, 1952.

It is appellant’s contention that the evidence does not show sufficient legal corroboration of the testimony of an admitted accomplice to sustain the charge of arson, nor sufficient identification of the property alleged to have been stolen.

One Jaco, appellant’s alleged accomplice, testifying for the People, stated that he and appellant were living together in an apartment in San Bernardino; that appellant had a Studebaker coupé and was working at a gas station near the place of Jaeo’s employment; that about midnight on August 14th, they met at the gas station and later drove away in appellant’s coupé; that appellant asked him where he could obtain a radio; that appellant said he knew where some new cars were parked and he might obtain a radio [447]which would fit his Studebaker; that they proceeded to the place indicated, took with them a screwdriver, pliers, and a flashlight, and entered a Studebaker car parked in an open garage; that appellant opened the door of the car and began to disassemble the radio while Jaco acted as a lookout; that appellant, with Jaco’s assent, backed the car into the street and proceeded away from the premises and asked Jaco to follow him in his Studebaker; that they drove out in the Reche Canyon and appellant took the radio out of the stolen Studebaker and Jaco removed the aerial and they were put in the appellant’s Studebaker; that appellant “pumped a lot of gas into the carburetor’ ’ of the stolen car, broke the gas line, and tried to start it; that this caused gasoline to be thrown all over the motor, and that appellant then set fire to it; that he set fire to the upholstery and the headlining in the car with his cigarette lighter; that they then drove appellant’s Studebaker back to the gas station where appellant worked, placed it in an enclosed garage and installed the stolen radio in appellant’s car; and that they later drove to their apartment. Jaco identified the stolen radio (in evidence) as the one taken from the burned Studebaker.