Fitzgerald

Defendants appeals from a judgment convicting him of the crime of arson and from an order denying his motion for a new trial. No claim is made that the evidence is insufficient to sustain the verdict, nor is any fault found with the instructions given to the jury. Defendant’s main contention is, that the jury received evidence out of .court other than that resulting from a view of the premises. This contention is based upon the following proceedings: It had appeared, during the trial, that the fire occurred in the rear of Nos. 256 and 258 0 ’Farrell Street, in the city and county of San Francisco. The court, on motion of the prosecuting attorney, and without objection on the part of defendant, made an order directing the jury to inspect the premises where the crime was alleged to have occurred. The order directed that the jury be conveyed to the premises, and that they be accompanied by the judge of the court, the clerk, the official reporter, the defendant, the counsel for defendant, the counsel for the people, and an officer directed to point out the objects and scenes, two deputy sheriffs, one in charge of defendant and one in charge of the jury. The court charged •the jury…