Panagoit

The defendant herein was convicted of fraudulently presenting a false claim of loss by fire to the Liverpool, London and Globe Insurance Company; and this appeal is taken from the judgment of conviction and from the order denying defendant’s motion for a new trial.

The indictment charged defendant, together with G. A. Levy and C. G. Patrie, with violating the provisions of section 549 of the Penal Code of this state, and recited that, on the 17th day of December, 1912, G. A. Levy obtained and. procured a contract of insurance against loss by fire to the amount of three thousand dollars, in said insurance company, on a stock of merchandise, household furniture, and other personal property contained in a store and dwelling situated in Albany, county of Alameda; that, on the twenty-sixth day of December, 1912, the said Levy sold the property so insured to the defendant, and assigned and delivered to him the contract of insurance; that, shortly thereafter and on the twenty-eighth day of December, 1912, a fire occurred at the said premises and the property so insured was destroyed.

The indictment further alleged that at the time of its destruction as aforesaid, the property so…