Rosa

The district attorney filed an information against the defendant charging him with having committed the crime of arson. The defendant appeared and pleaded not guilty. The action was tried before the court sitting with a jury. The jury returned a verdict of guilty. The defendant made a motion for a new trial, the motion was denied and judgment was pronounced on the verdict as rendered. The defendant has appealed and has brought up a typewritten record.

The evidence introduced at the trial showed without conflict that about half-past 2 o’clock in the morning on March 18, 1928, St. Joseph’s Catholic Church, located in the town of Mountain View, was destroyed by fire. The fire broke out on the outside of the church under or near the stairs. That fact and other facts introduced by the prosecution showed that the fire was incendiary. As to who set the fire rested on circumstantial evidence. The defendant attempted to prove an alibi, and, in doing so, to account for his movements from Thursday, March 15, 1928, to and including Sunday, March 18, 1928.

The defendant makes several points. We will not discuss all of them. We have examined each point and the record in connection with it.…