Swain

Defendant appeals from a judgment of conviction of wilful and malicious burning of a motor vehicle (violation of Pen. Code, § 449a) and of presenting a false insurance claim (violation of Ins. Code, § 556), and from an order denying his motion for a new trial. The cause was tried before the court without a jury.

Facts

The essential facts revealed by the record are as follows: At or shortly after 11 a. m. September 30, 1960, a clear, sunny day, on Jamacha Road near its junction with United States Highway 94, in a barren, rocky area of San Diego County, defendant parked his 1958 Chevrolet 10-wheel dump truck off the road and it burned.

A truck driver named Liston passed by and saw the defendant on the running board in the act of coming away from the truck. A ball or flash of explosive fire was then coming out of the interior of the cab. The hood of the engine was down and no flame or smoke was seen coming out of it, nor from the ground underneath it. Defendant had nothing in his hands. Liston stopped, offered assistance and was told by the defendant to call the fire department. Liston drove about three quarters of a mile to a telephone and called the fire department. When the…