Hurst
People v. Hurst
Opinion
Lead Opinion
Shaw, J.
By the first count of an information filed by the district attorney, defendant was charged with the crime of arson. By the second count thereof he was charged with the offense defined in section 548 of the Penal Code, to wit, the burning of insured property, alleged to be a dwelling-house, and contents consisting of furniture therein, with intent to defraud the insurer.
No objection by motion or demurrer was interposed to the information by defendant, who, upon trial, was convicted of arson in the first degree, followed by a judgment thereon of imprisonment for the term prescribed by law, which, as specified in section 455 of the Penal Code, is not less than two years. He was likewise convicted as charged in the second count and adjudged to suffer imprisonment for the term prescribed by law, which, as specified in section 548 of the Penal Code, is not less than one year; it being provided that such last-mentioned judgment should run concurrently with the judgment pronounced upon defendant’s conviction of the crime of arson.
On appeal from these judgments defendant, without objection urged in the court below, insists, for some reason not appearing in his brief, that it was error…