Scott

The defendant was convicted of the crime of arson of the second degree and sentenced to imprisonment* in the state prison for the period of ten years. This is an appeal from the judgment and from an order denying defendant’s motion for a new trial.

The fire occurred on the third story of a building situated at No. 25 Third street in San Francisco on February 21, 1909, shortly after 1 o ’clock, in the afternoon. For some time prior to that date one Miss Williams conducted a shorthand and typewriting school in rooms situated upon said third floor, and the defendant was the manager of the school and an instructor under Miss Williams. It is conceded that a portion of the premises was burned and that the fire was of incendiary origin; but the defendant contends that the verdict convicting him of the crime of arson is not sustained- by the evidence. We have carefully examined the record with a view to determining this point, and are constrained to hold that the evidence is sufficient.

The theory of the prosecution was that the defendant set fire to the premises in order to enable Miss Williams to collect on her policy of insurance. Evidence was introduced showing a close and strong…