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People v. Duty

74 Cal. Rptr. 606 (1969)

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People v. Duty

California Court of Appeal

74 Cal. Rptr. 606 (1969)

Facts

On January 22, 1967, Barbara Jenner’s home was damaged by a fire for which evidence indicated had been deliberately set. At about 2:45 a.m. that morning, a neighbor noticed Mrs. Jenner’s car parked out front her home. Sometime later, at about 3:45 a.m., an officer noticed Mrs. Jenner’s car parked outside a tavern and that her backseat was filled with various household furnishings and goods. When the officer left the tavern, he found Mrs. Jenner’s home on fire, which, according to the fire marshal, had started at approximately 3:15 a.m. During an interview with the fire marshal, Mrs. Jenner told him that she had been with Earl Duty (defendant) the entire night prior and into that morning. The fire marshal then obtained a statement from Duty that he had been to Mrs. Jenner’s house the evening prior; that the pair drove to various inns and lodges (the tavern not included); that Mrs. Jenner’s car was left at one of these inns; that the pair left for San Francisco at approximately 2:15 a.m. and did not return until about 10:30 a.m.; and that he left Mrs. Jenner with her car at the inn, where it had been left the preceding evening. Mrs. Jenner was found guilty of the felony of arson. Duty was then charged and convicted as an accessory to Mrs. Jenner’s crime. Duty appealed.

Rule of Law

Issue

Holding and Reasoning (Friedman, J.)

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