Lattimore

People v. Lattimore

Caution
1890 Cal. LEXIS 1042·86 Cal. 403·24 P. 1091
Supreme Court of CaliforniaNovember 21, 1890No. 20700California594 words

Opinion

Lead Opinion

Fox, J.

Conviction of arson, motion for new trial denied, and defendant appeals. Only two points are made in the brief of appellant.

1. That it was error to admit certain evidence of other burnings of property on the rancho of Chapman, the place where the fire in this instance occurred. The evidence against the defendant in this case was almost entirely circumstantial. Among other circumstances *404 tending to connect the defendant with the burning, two or three conversations between the defendant and different persons, at different times, were shown, in which the fact of former fires upon the rancho was discussed, and the defendant used expressions to the effect that these were nothing to what would happen in the future, and other like expressions of a threatening character, indicating an intention to burn the Chapmans out. These conversations were not introduced for the purpose of connecting the defendant with the former burnings, but simply to show his threats as to the future. They all occurred before the present fire, and there was no error in their admission. Subsequently, two witnesses were called, and interrogated as to the circumstances of one of the former fires, to which…

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