People v. Maler

Opinion

STEPHENS, Acting P. J.

By information, defendant was charged in count I with arson (Pen. Code, § 448a), and in count II, with burning insured property with the intent to defraud an insurer (Pen. Code, § 548). Defendant pleaded not guilty, and his opening motion for dismissal was denied. The jury found defendant guilty on count I, and not guilty on count II. Defendant’s motion for new trial was denied; proceedings were suspended, and defendant was granted five years’ probation. Defendant appeals from the order granting probation.

At trial, it was established that defendant was part owner…