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US v. EVANGELISTA
March 25, 1913 | Trent, J. | Previous conduct as evidence
Digester: Roa, Pia
SUMMARY: Appellant Ramon Evangelista was the tenant of a
building where he had a store for selling hats and other articles on
the ground floor, and living quarters for herself and her boarders
on the second floor. On June 2, 1912, fire originated in the second
floor of the same building in the appellants living quarters. On the
trial for the case, not only evidence relative to the June 2 fire were
introduced, but also relative to an earlier May 31 fire. The defense
objected to the introduction of all the evidence relative to the fire
of May 31 as incompetent and not the fire charged in the
information. Ramona Evangelista was convicted in the court of
first instance of the crime of arson. This is now an appeal to the
SC. SC affirmed judgment saying that there was no error in
receiving the evidence as to the fire occurring on May 31 to show
intent.
DOCTRINE: Previous conduct may be received as evidence to
prove intent. On a trial for arson, the prosecution may prove that
the defendant had set fire to the building a few days previous to
the burning alleged in the information for the purpose only of
establishing the criminal intent of the defendant.
FACTS:
Appellant Ramon Evangelista was the tenant of a building
where he had a store for selling hats and other articles on the
ground floor, and living quarters for herself and her boarders
on the second floor. On June 2, 1912, fire originated in the
second floor of the same building in the appellants living
quarters.
On the trial for Arson for the June 2 fire, which is the fire
charged in the information, the following evidence were
introduced:
The acting chief of the fire department testified that the fire
could not have gained headway or caused the damage it did
if coal oil had not been used, and that the whole place
appeared to have been saturated with coal oil.
Appellant had 3 insurance policies for his store dated Dec
1911 and May 1912 written by the same company, and May
1912 written by another company.
Administrator of estate, of which the building was a part,
testified that appellant owed the estate for rent, and that he
given her notice to move on about June.