Vasalo

Defendant has been charged and convicted under section 518 of the Penal Code, wherein it is declared that every person who willfully burns insured property with intent to defraud the insurer, is guilty of a felony. He appeals from the judgment and order denying his motion for a new trial.

It was sought to set aside the information upon the ground that the defendant had not been legally Committed by a magistrate in this, that the complaint filed against him charging the aforesaid offense was verified before a party not authorized to administer oaths. The oath was administered by the clerk of the police court of the city of Los Angeles. Under the authority given in section 2093 of the Code of Civil Procedure, the clerk of the police court of the city of Los Angeles was clearly authorized to administer this oath. A special demurrer was interposed to the sufficiency of the information. We deem it not well taken. The ownership of the building in defendant is charged, also the fact of insurance, the burning of the building by defendant, and that such burning was done with intent to defraud the insurer. The information could have been improved upon by alleging the foregoing facts…