People v. Alexander

Appeal from a judgment of conviction (granting probation) and order denying motion for new trial, upon a charge of arson (Pen. Code, §448a.) Appellant claims (1) that the evidence is insufficient to sustain the verdict; (2) that the court erred in refusing to instruct the jury upon the defense of unconsciousness (Pen. Code, § 26, subd. Five); and (3) that the court abused its discretion in fixing the terms of probation. We conclude that the judgment must be affirmed.

1. The evidence is sufficient.

We, of course, must view the evidence in the light most favorable to the prosecution, in…