Gentekos

This is an appeal by the defendant from judgments of conviction after verdicts of guilty on two counts of an information charging arson and burning of insured property, respectively, and from an order denying a motion for new trial.

Defendant was charged with arson, in count one, and in count two with the burning of insured property. The first count was amended before trial, by order of the court and at the request of the district attorney, to charge wilful and malicious burning of property under section 448a of the Penal Code; and the second count, which read “did wilfully, unlawfully and feloniously burn”, etc., was amended by inserting the word “maliciously” after the word “unlawfully”, and the words “set fire to and” after the word “feloniously”. The jury returned a verdict of guilty on each count. Motion for new trial was made and denied. The court, however, announced in so doing that as to the second count there was no evidence that any “insured property” was burned, and that the court as to such count would “upon passing judgment modify the judgment” so as to show “attempt” to commit the crime charged. The record before us does not disclose that such was in fact done, as…