Cole

People v. Cole

Good Law
1968 Cal. App. LEXIS 2459·258 Cal. App. 2d 656·65 Cal. Rptr. 848
Court of Appeal of CaliforniaFebruary 6, 1968Crim. No. 13802California361 words

Opinion

Lead Opinion

Fourt, J.

Walter Ellis Cole appeals from a judgment of conviction of arson .(Pen. Code, § 447a) in a non jury trial.

*658 A résumé of some of the facts is as follows:

Appellant now contends that the evidence was insufficient to sustain the judgment, especially because the testimony of Patricia Hicks was inherently improbable. His contentions are devoid of merit.

Appellant claims that Patricia Hicks was an unreliable witness because she testified that she was watching television and ironing when appellant left and revisited the apartment, that she could not have been watching, and that *660 she exhibited confusion as to the date on which these events occurred. The evidence as set forth above however is adequate to sustain appellant’s conviction, and Patricia Hicks’ testimony discloses no significant uncertainty or unreliability. She testified that it was her custom to step out on her porch to investigate sounds, even though she might be ironing and watching television as she was on the date of the crime. She was uncertain only about the date when appellant returned to talk to her about the furniture, which might have been October 27, but that she could ascertain the date by reference to a…

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