Ferguson

The defendant was convicted of the crime of arson and was sentenced to imprisonment in the state prison. From the judgment of conviction and from the orders denying his motion for a new trial, and the motion in arrest of judgment, he has prosecuted this appeal.

Prior to the occurrence of the fire which caused the issuance of the information herein, defendant and his wife resided in a one-story frame building located at No. 20 San Gorgonio Drive, in the city of Redlands. San Gorgonio Drive is a residential street in said city and on properties fronting upon said street many buildings used for residence purposes have been erected. Shortly before 8 P. M. of July 3, 1931, a group of boys discovered fire in the residence of defendant. An alarm was given and when the city fire department arrived on the scene, the attic of the house was burning and flames were emerging from the gables at each end of the building. After the fire was under control, an inspection of the premises revealed the presence of a somewhat elaborate arrangement manifestly designed for the purpose of setting fire to the building. Several bathing caps, each containing approximately one pint of gasoline, were…