Mondshine

Upon an appeal from judgments and order denying a new trial after conviction upon charges of burning insured property and arson, error is assigned to rulings below allowing the introduction of evidence furnished by an expert witness.

Following proof that a fire discovered in the defendant’s store which damaged a stock of silk wearing apparel, had originated in crumpled newspapers deposited about the merchandise, and that the room was not ventilated, an official of the bureau of fire investigation qualified to testify as to the origin of such fires was called on behalf of the People. Said witness was permitted over objections by the defendant to testify as to conditions under which the charges before the jury had arisen, and to experiment for the purpose of showing the effect of insufficient oxygen. He also showed photographs of similar merchandise which had been burned under like circumstances at other buildings which he had investigated, as an illustration “of what happens at fires where there is an insufficiency of oxygen”. The jury were admonished that such evidence was merely for the purpose of illustrating the effect of oxygen on fire and for no other purpose. It was…