Ferlin

The defendant, George Perlin, was charged in an information filed in the county of Los Angeles with the crimes of arson, murder, and the destruction of insured property. After trial the jury returned verdicts finding him guilty as charged in each of the three counts of the information. The verdict finding the defendant guilty of murder carried with it a recommendation that he be imprisoned in the state prison for life. This latter verdict was returned notwithstanding the fact that the trial court had theretofore advised the jury, as provided in section 1118 of the Penal Code, to acquit the defendant on the charge of murder. A motion for new trial was thereafter addressed by the defendant to each count of the information. The motion was denied as to counts one and three and granted as to count two, the latter count charging the defendant with murder. Judgments were accordingly entered by the trial court directing that the defendant be incarcerated in the state prison for a period of twenty-five years for arson and ten years for burning insured property. In the latter judgment it was indicated that the two sentences were to run concurrently.

The defendant has appealed from each of…