Doyle

The information under which the defendant was prosecuted and convicted charges him with the crime of maliciously attempting to bum “certain stacks of hay, of the value of $25 and over, the property of one W. A. Rucker, ’ ’ etc.

The crime which the defendant is thus charged with having attempted to commit is defined by section 600 of the Penal Code, which section, in so far as it concerns this investigation, reads as follows:

“Every person who willfully and maliciously burns . . . any stack of hay or grain or straw of any kind, or any pile of baled hay or straw, ... of the value of $25 or over, not the property of such person, is punishable by imprisonment in the state prison for not less than one year, nor more than ten years.”

The appeal is from the judgment and the order denying defendant’s motion for a new trial, and the principal contention made by the appellant here is that the evidence does not sustain or correspond with the allegations of the information.

From the evidence it appears that one W. A. Rucker had under lease in the year 1909 a small tract of land in the city of Merced and on which, in the month of May of that year, he cut and raked into “cocks” about thirty…