People v. Nance

Opinion

BROWN (H. C.), J.

Appellant was charged with and found guilty after a trial by jury of violating Penal Code section 459 (burglary); and Penal Code section 448a (arson). The jury also found that appellant was sane at the time of commission of both crimes.

The facts: During the night of October 12, 1970, appellant was driving from Santa Rosa to San Francisco with four other men. The car ran low on gas and the men decided to steal some fuel from the gas pumps at the Marin County Airport. However, the pumps were electrically operated, and they were unable to get any gas. Appellant and three…