Gilyard

Defendants were convicted under an information in two counts, one charging arson and the other charging the burning of insured property. Gilyard appeals from the judgment and from an order of the trial court denying his motion for a new trial.

Appellant’s first contention is that the evidence was insufficient to support the verdict of the jury. Gilyard owned a certain frame dwelling in Los Angeles which was occupied by a tenant, a woman with three minor children. Gilyard himself occupied a garage in the rear of the dwelling together, at least sometimes, with defendant Siplin, to whom we shall refer hereafter as Evelyn. The charges related to the dwelling and not to the garage. Evelyn, between whom and Gilyard existed an illicit relationship, was with her inamorato in the garage during the day preceding the night on which the fire occurred. At a time after 7:30 and before 9 o’clock in the evening, it was testified that the pair left the garage and went to the home of Evelyn’s mother, where, according to some of the direct testimony, they slept together all night.

The fire department responded to a call at about 3 :20 in the morning and found the dwelling aflame. The fire was…