People v. Swain

Defendant appeals from a judgment of conviction of wilful and malicious burning of a motor vehicle (violation of Pen. Code, § 449a) and of presenting a false insurance claim (violation of Ins. Code, § 556), and from an order denying his motion for a new trial. The cause was tried before the court without a jury.

Facts

The essential facts revealed by the record are as follows: At or shortly after 11 a. m. September 30, 1960, a clear, sunny day, on Jamacha Road near its junction with United States Highway 94, in a barren, rocky area of San Diego County, defendant parked his 1958 Chevrolet…