McLean

The defendant was convicted of arson in the second degree, and appeals from the judgment, and from an order denying a new trial.

1. It is contended that there was not sufficient evidence to support the verdict. There was, however, the direct evidence of a person who says that he set fire to the house by the direction of the defendant, and in his presence. It is urged, however, that this was the testimony of an accomplice, and that there was no sufficient corroboration. (See Pen. Code, sec. 1111.) There is no doubt that the cabin was destroyed by fire, and no probable natural cause of the fire was shown by the evidence. The question is, whether the defendant had a guilty connection with it. The circumstances to corroborate the accomplice upon this question are as follows:—

In the first place, there was a difficulty between the defendant and the owner of the cabin concerning the land upon which it stood. This land was public land, and each party claimed to have taken such proceedings as entitled him to it. Some angry interviews took place between them; and on one occasion the defendant was quite roughly handled by one of the workmen of the owner of the cabin. In the next place,…