State v. Kirkby

Grady, J. —

The appellant, James E. Kirkby, appealed to this court from a judgment of the superior court for Sno-homish county, entered upon the verdict of a jury finding him guilty of arson in the first degree.

The appellant contends that the evidence is insufficient to show beyond a reasonable doubt that the fire was of in cendiary origin, or that he was the one who set the fire, and that, because of misconduct of counsel for the state, the court should have either ordered a mistrial or granted a new trial.

As the evidence in many important parts is of a circumstantial character, we will refer…