People v. Fong Hong
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from orders denying a motion in arrest of judgment and denying a new trial. Carroll Cook, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFARLAND, J.
The appellant was convicted of arson in the first degree, and appeals from the judgment, from an order denying his motion in arrest of judgment, and from an order denying his motion for a new trial. A reversal is contended for on two grounds:
1. Appellant’s counsel contends that as "it is not arson to bum one’s own property” (citing People v. De Winton, 113 Cal. 403, 54 Am. St. Rep. 357) "therefore it was incumbent upon the prosecution to prove that defendant did not have a license from the owner to burn, if he did so.” It is not necessary to determine whether this novel proposition would…
2Cases cited1 opinion
- People v. De WintonCalifornia Supreme Court · 1896
3Cited by7 opinions
- People v. AtkinsCalifornia Supreme Court · 2001
- People v. MooneyCalifornia Supreme Court · 1899
- People v. GloverCalifornia Court of Appeal · 1991
- Lee v. StateSupreme Court of Alabama · 1933
- O'Brien v. StateArizona Supreme Court · 1931
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