People v. Fitzgerald

COOPER, C.

Defendants appeals from a judgment convicting him of the crime of arson and from an order denying his motion for a new trial. No claim is made that the evidence is insufficient to sustain the verdict, nor is any fault found with the instructions given to the jury. Defendant’s main contention is, that the jury received evidence out of .court other than that resulting from a view of the premises. This contention is based upon the following proceedings: It had appeared, during the trial, that the fire occurred in the rear of Nos. 256 and 258 0 ’Farrell Street, in the city and county of…