Schlette

Appellant was indicted on March 28, 1955 by the grand jury in the Superior Court of the State of California, in and for the County of Marin, on two counts of arson [Section 447a of the California Penal Code]. The first count related to a fire on September 9, 1954 of the premises being described “as the dwelling house and shop of Frances M. Schlette”. The second count related to a fire of the same premises on February 23, 1955. Frances M. Schlette was at that time the wife of the appellant. Following trial by a jury, appellant was found guilty of the offense charged in count one of the indictment, but the jury was unable to reach a verdict on the second count. Subsequently the second count was dismissed. Thereafter appellant moved for an inquiry into his sanity pursuant to Section 1368 of the Penal Code of the State of California. Following a hearing, appellant was found to be sane. Thereafter judgment was pronounced against the appellant, and appellant is presently confined under the judgment by prison officials of the State of California.

The judgment of conviction was affirmed by the District Court of Appeal •of the State of California, in and for the First Appellate District,…

(concurring).

I concur in every part of this opinion including the reliance upon propositions of law stated in quoted excerpts from the opinion of another panel of this court in Muhlenbroich v. Heinze, 9 Cir., 281 F.2d 881 , now on petition for a writ of cer-tiorari. However, I do not wish my concurrence to be understood as agreeing with the result reached in Muhlenbroich.