People v. Wolfeart, Cr. 4458
| Citation | 98 Cal.App.2d 653,220 P.2d 778 |
| Decision Date | 27 July 1950 |
| Docket Number | Cr. 4458 |
| Court | California Court of Appeals |
| Parties | PEOPLE v. WOLFEART. |
Harry I. Wolfeart, in pro. per.
Fred N. Howser, Attorney General, Donald D. Stoker, Deputy Attorney General, for respondent.
Defendant was charged with arson in two counts and with a prior conviction of burglary. He admitted the prior conviction. He was tried by a jury on the charges of arson. The jury convicted him as to count one and disagreed as to count two. Count two was then dismissed. He appeals from the judgment. Count one alleged that on August 16, 1945, defendant set fire to a dwelling house at 1138 Washington Boulevard, Los Angeles.
The fire occurred about 4:30 a.m. on Tuesday, August 16, 1949. It was of incendiary origin. It was started with an inflammable liquid. Defendant contends there was no evidence to connect him with the offense.
The building burned consisted of a store with a five-room residence in the rear. A Mrs. Summers, with her three children, occupied four rooms. Mrs. Greenberg occupied one room. At one time defendant and Mrs. Greenberg were planning to be married. Defendant stayed on the premises several nights after May 27, 1949. He slept there over night on the Saturday preceding the fire. On Sunday he and Mrs. Greenberg quarreled. Mrs. Greenberg left and when she returned defendant told her that he did not believe her statement that she had gone to see a lady friend. He said, 'I have seen you with another man there.' Mrs. Greenberg told him he had better leave. He grabbed her, threw her on a chair, and slapped her face with his hand. She ran out to call the police. She next saw defendant the following day. He came to get his clothes. She refused to give them to him because he owned her money. Defendant said,
The same day defendant told Mrs. Summers he wanted his things. She told him to go away. She told him if he did not leave she would call the police. Defendant said,
About 7:00 or 7:30 p.m. on August 15, defendant attempted to buy some Butane at a service station, saying that he wanted in for a stove in a trailer. When he could not obtain Butane, he purchased a half gallon of gasoline, saying that he wanted it with which to wash his hands. About 9:10 that evening there was a fire in a pile of rubbish at the side of the house at 1138 Washington Boulevard. Shortly before that Mrs. Summers' daughter saw appellant coming along the side of the house. Mrs. Summers called the fire department which responded and extinguished the fire.
About 3:00 o'clock in the morning of August 16, Mrs. Summers heard someone alongside the house. She arose and saw defendant go by. He was going toward the back gate. She heard the back gate open and someone try the rear door. She heard the gate open again and then heard footsteps going back in the opposite direction. About 4:20 she heard crackling noises coming from the side of the kitchen. She got up, opened the bedroom door, and as she did so smoke hit her in the face. She closed the door, called the fire department, went to see where the fire was located, and saw the kitchen door aflame.
Police officers located defendant about 5:30 a.m. and found him asleep on a mattress in his shed. He was fully clothed. The odor of petroleum or petroleum products emanated from his cost, particularly from the sleeve. Defendant told police officers that he had bought the half gallon of gasoline to wash his hands; that he had really gone to buy some Butane inasmuch as he was contemplating purchasing a house trailer and wanted some Butane for the stove; that the trailer was in Compton. He was asked why he wanted to buy the Butane for the stove if the trailer was in Compton. Later he said he just wanted to try the stove out and later that he did not go to the service station to buy Butane at...
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People v. Beagle
...presence in the vicinity at time of fire (People v. Alexander (1960) 182 Cal.App.2d 281, 283--286, 6 Cal.Rptr. 153; People v. Wolfeart (1950) 98 Cal.App.2d 653, 220 P.2d 778); People v. Cape (1947) 79 Cal.App.2d 284, 289, 179 P.2d 426); lack of evidence of natural or accidental cause but ev......
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People v. Stiles, E040964 (Cal. App. 5/10/2007), E040964
...Cole (1968) 258 Cal.App.2d 656, 658-659); and the defendant's possession of an instrumentality used to start a fire (People v. Wolfeart (1950) 98 Cal.App.2d 653, 654-655). Here, the record contains evidence corresponding to almost all of the factors listed in Beagle, supra, 6 Cal.3d 441. Th......
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People v. Goubert
......(1989) 208 Cal.App.3d 1054, 1058. [minors "made a pile of leaves and grass . . . and set. it afire"]; People v. Wolfeart (1950) 98. Cal.App.2d 653, 654 [the defendant set fire to a pile of. trash].) Here, the fact that the garbage, vegetation, and. ......
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People v. Thomas, Cr. 4590
...unless it clearly appears that on no hypothesis whatever is there sufficient substantial evidence to sustain it. People v. Wolfeart, 98 Cal.App.2d 653, 655, 220 P.2d 778. The testimony of Bennett does not appear to be inherently improbable. Testimony is not inherently improbable unless it a......