Caiazza

Appellants, together with one Diego Failla, were jointly indicted for the crime of conspiracy to burn certain insured property with intent to defraud and injure the insurer and also the owner thereof. Appellants were both convicted and Failla was acquitted. This is an appeal from the judgment .and from an order denying the motion of said appellants for a new trial.

At the outset it may be stated that it is conceded that neither of the defendants is a man of integrity; that they had an evil purpose and entertained an unlawful and wicked design to join with the owner of the property in what they believed to be a plot to commit arson, a crime that is viewed by the law as a heinous and most aggravated offense, for the reason that it endangers human life and the security of habitations and evidences moral recklessness and depravity in the perpetrator.

It is contended, however, that notwithstanding the admitted evil intent and purpose of the defendants the judg ment of conviction can only be upheld by the strong hand of power, and not by or under the law. In this connection it is urged that the verdict is against public policy, which should always estop the state from devising a…