Simmons

The People appeal the section 995, Penal Code, dismissal of an arson charge on the grounds of insufficiency of evidence after the superior court ruled certain extrajudicial hearsay statements of an am nesiac witness qualified neither as past recollection recorded (Evid. Code, § 1237) nor as prior inconsistent statements (§ 1235). The court correctly found the statements to be inadmissible hearsay and, there being no other evidence to connect the defendant with the crime, the dismissal was proper.

I

Factual Background

Wilbert Simmons was charged with fire boriibing his job supervisor’s home and, following a preliminary hearing, was bound over for trial.

Other than evidence of some oral threats against the victim, the only evidence connecting Simmons to the arson was the extrajudicial statement of William Jackson describing how Simmons discussed burning the home before the event, and boasted of doing so shortly afterwards. Jackson made his statement to the police, who reduced it to writing and had him sign it. Upon leaving the police station, Jackson told a third party he knew Simmons was guilty because he had tried to get Jackson to go with him.

Before the preliminary…