People v. Duty

269 Cal.App.2d 97 (1969)

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Nature of the Case

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Facts

Jenner's home was seriously damaged by a fire. A number of witnesses established a timeline that pointed directly to Jenner starting the fire. Her car was noticed in her driveway at 2:45 a.m., before the fire's outbreak. At 3:25 a.m., Officer Gerald Bryson noticed her car parked outside the Table Mountain Tavern with a table, television set, blankets, and household items in the back seat. The Officer drove away from the tavern following the glow in the sky and found Jenner's house in flames. The fire marshal went to the tavern at 3:45 a.m. Jenner's automobile was no longer there. Jenner was interviewed and claimed she was with D. D gave Jenner the alibi that she was with D all night long. That statement was false. Jenner had been convicted of arson. D and Jenner were in Oroville, not San Francisco. D's original statement placed D and Jenner in his car en route to San Francisco at the time of the fire and placed her automobile at its parking place outside the Oroville Inn during the entire night and well into the morning. The prosecution evidence, in contrast, placed Jenner's car at her house in Oroville at 2:45 a.m. approximately 35 minutes before the probable commencement of the fire, and put it outside the Table Mountain Tavern, loaded with her household goods, a few minutes later. D was convicted of being an accessory. D appealed.