In Re Carl L.

Carl L., a minor, appeals from an order of the Superior Court, adjudging him to be a person coming under section 602 of the Welfare and Institutions Code, and placing him in the custody of the probation officer. For the reasons set forth below, we affirm the order.

Carl is a minor, 10 years of age at the time herein involved. He was seen throwing matches into a neighbor’s garage. The garage was, ultimately, totally destroyed by fire. It is not here contested that, if Carl had the mental ability to appreciate the wrongfulness of his acts, he was properly found to be a ward of the juvenile court under section 602.

In In re Gladys R. (1970) 1 Cal.3d 855 [ 83 Cal.Rptr. 671 , 464 P.2d 127 ], the Supreme Court held that, in case of a minor under the age of 14, a 602 finding cannot be made unless the trier of fact shall find, on “clear proof’ that the child, at the time of committing the act, appreciated its wrongfulness. In the case at bench, there was substantial testimony on that issue. The minor’s father testified that he had, on several occasions, warned Carl that his fire-setting activities were wrong and should be stopped. As against that testimony, cross-examination…