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PEOPLE v. SWAIN

Docket No. 1802.

200 Cal.App.2d 344 (1962)

19 Cal. Rptr. 403

THE PEOPLE, Plaintiff and Respondent, v. MILTON SWAIN, Defendant and Appellant.

Court of Appeals of California, Fourth District.

February 15, 1962.

Attorney(s) appearing for the Case

Langford, Langford & Riley for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Norman G. Taylor, Deputy Attorney General, for Plaintiff and Respondent.

SHEPARD, J.

Defendant appeals from a judgment of conviction of wilful and malicious burning of a motor vehicle (violation of Pen. Code, § 449a) and of presenting a false insurance claim (violation of Ins. Code, § 556), and from an order denying his motion for a new trial. The cause was tried before the court without a jury.

FACTS

The essential facts revealed by the record are as follows: At or shortly after 11 a.m. September 30, 1960, a...

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