State v. Nelson

The defendant has appealed from a judgment rendered upon his conviction of the crime of arson. In addition to assigning errors in the finding, he claims that the trial court’s conclusions are not supported by the subordinate facts found and that the evidence does not warrant a finding of guilt beyond a reasonable doubt. One question in particular which he raises is whether it was proper for the court to take into consideration his failure to testify in reaching its conclusions. He also claims error in one ruling on evidence.

So far as the court’s conclusion of guilt is concerned, the…