Agrusa

This is an appeal by the defendant from a judgment of conviction of the crime of arson. Defendant was charged with willfully, unlawfully, feloniously and maliciously, on January 23, 1918, in the night-time of said day, setting fire to and burning and causing to be burned that certain inhabited structure, building, and dwelling-house of. one Albert J. Nymand, known and desig? nated as No. 607 Vallejo Street, situated in the city and county of San Francisco, and with the felonious intent then, there, and thereby to destroy the same, the said structure, building, and dwelling-house, as aforesaid, being then and there actually occupied and inhabited by human beings. Defendant pleaded not guilty and upon the trial it was shown: That defendant conducted a musical instrument store in the premises at 607 Vallejo Street. This was a three-story frame building, on the first floor of which was the store of defendant and the upper two stories of which building were occupied by lodgers. The fire occurred about 2 o’clock in the morning, and was plainly of incendiary origin. The cause of the fire was apparent from the testimony of the fire chief and his assistants and the policemen on duty in the…