Woods

Defendants Smith and Woods were convicted, in a jury trial, of the crime of malicious burning of personal property in violation of section 449a of the Penal Code in that they maliciously set fire to vegetable crates which were of a value in excess of $25 and were the property of Safeway Stores, Inc. Smith admitted an allegation of the information that he had been convicted of robbery. Smith appeals from the judgment.

Appellant contends that there was no competent evidence of the value of the personal property burned; that the court erred in sustaining an objection to a question asked by appellant regarding intoxication of appellant; and that the evidence was insufficient to support the verdict.

On June 8, 1956, approximately 318 boxes, crates, and cases of various kinds (such as apple boxes, cantaloupe crates, and milk cases) were in an alley at the rear of a Safeway store in Lancaster, and they were stacked in rows against the rear brick wall of the store. The stack was about 25 feet long, 7 feet wide, and 7 feet high.

On said June 8, and prior thereto, there was an excavation in the alley at a place about 100 feet from the rear of the store. Flarepots, which produce light by…