Curley

Opinion •

Defendant appeals his conviction for arson (Pen. Code, § 448a), arguing insufficiency of the evidence to support the finding of guilt, improper admission of evidence seized from his automobile, and improper admission of his statements to the police at the hospital.

During the early morning hours of 25 August 1968 a fire of incendiary origin largely destroyed a restaurant in Covina. Partially filled containers of gasoline were found inside the building, and an empty container with volatile fractions which resembled gasoline was found outside the rear door. A trail of burnt cloth approximately 50 feet long led from the rear door to a parking space behind the building.

An hour or so after the discovery of the fire the police learned that defendant, a part-time employee of the restaurant, had just been admitted to a hospital for treatment for severe fire burns. Later they were told by defendant’s brother that defendant had returned home early that morning, naked, and suffering from fire burns over much of his body. Despite the obvious severity of the bums defendant and his brother attempted to treat his condition with ice water baths and applications of sunburn spray…