Jenkins

The defendant was tried before a jury and found guilty of arson in the second degree as charged in the information. By the judgment he was sentenced to be confined in the state prison. The defendant appeals from the judgment and from the order denying his motion for a new trial.

The information charged that the defendant on the fifth day of October, 1923, in the county of San Diego, did, with intent to destroy, willfully, etc., set fire to and cause to be burned, a certain building, to wit, a dwelling-house known as 3290 Wabash Avenue, situated in the city of East San Diego, in said county; said building being then and there the property of one Emma R. Jenkins. The evidence shows that the house was located on lot 7 of block H in Montclair Addition, in East San Diego. The defendant and Mrs. Jenkins were husband and wife. On the eighteenth day of September, 1923, in an action of divorce between said husband and wife, an interlocutory judgment was entered to the effect that the plaintiff, Mrs. Jenkins, was entitled to a divorce from the defendant; that, at the expiration of one year from the entry of the interlocutory judgment a final decree be entered dissolving the marriage, “and…