Simon

An indictment was returned by the grand jury of the county of Stanislaus on December 17, 1925, charging the defendant, Ernest Simon, and his sister, Rose Bloom, with wilfully burning, injuring, and destroying insured property with intent to defraud the insurers. The indictment was drawn under section 548 of the Penal Code of the state of California. The jury found the defendant, Ernest Simon, guilty and disagreed as to his sister, Rose Bloom.

From the judgment following the verdict of guilty and from an order denying his motion for a new trial the defendant, Ernest Simon, prosecutes this appeal.

The record in this ease is very voluminous; the transcript contains 1,898 pages, together with scores of photographic exhibits and documents.

Defendant seeks a reversal of the judgment and order upon two grounds: First, misconduct of the district attortorney, which the defendant complains of bitterly, and characterizes as being of a “highly aggravated and unprecedented character”; the second contention being that the court erred in giving certain instructions to the jury.

In the course of the opening argument of the district attorney he used this language: “There has, of course, grown…