Folsom

Defendant appeals from a judgment convicting him on two counts: (1) burning personal property with intent to defraud an insurer (Pen. Code, § 450a); and (2) presenting a false or fraudulent insurance claim (Ins. Code, § 556, subd. (a)).

In the same trial defendant’s brother-in-law, Virgil Garrett, was convicted of violating Penal Code, section 450a and Insurance Code, section 556, subdivision (b) ; he has not pursued an appeal.

*811 In the late afternoon of December 17, 1961, defendant and Garrett were the sole occupants of defendant’s 1960 Chevrolet Imp ala automobile which burned near Julian, California. Defendant's wife was the assured under a fire insurance policy which excluded all coverage while defendant operated the vehicle, the reason apparently being that defendant’s driver’s license had been suspended. Defendant testified that Garrett was driving at the time the fire originated. Notice of cancellation of the insurance policy had been mailed December 11, to be effective December 22, which was five days after the fire occurred.

While the only witnesses to the fire at the time it started were defendant and Garrett, experts for the People testified the fire started…