Rose

Defendant was informed against, by the district attorney of Calaveras County, for the crime of willfully burning insured property with intent to defraud the insurer. He was duly tried and convicted and was thereupon sentenced to imprisonment in the state prison in conformity with the statute relating to indeterminate sentences. He appeals from the judgment and from the order denying his motion for a new trial.

The points made on appeal are: 1. That the evidence is insufficient to support the verdict of guilty; 2. Misconduct of the prosecuting attorney.

The alleged insufficiency of the evidence is addressed specifically to the failure of the prosecution to show that defendant knew the buildings and other property destroyed by fire were insured. It is urged that, under section 548 of the Penal Code, “the motive is an essential portion of the crime, and must, therefore,\ be expressly proven by the prosecution. ’ ’ (Citing People v. Schwartz, 32 Cal. 160, 165 .) It is hence urged that the prosecution must prove that the defendant had actual knowledge that the property was insured. (Citing Moore v. State, 66 Tex. Cr. 169, [ 146 S. W. 183 ]; State v. Greer, 243 Mo. 599 , [Ann. Cas.…