What is the legal test for establishing that arson was committed under section 451 and 452 of the Penal Code?
California, United States of America
The following excerpt is from The People v. Beltran, 82 Cal.App.4th 693, 98 Cal.Rptr.2d 730 (Cal. App. 2000):
1. In accord with the usual rules on appeal, we state the facts in the manner most favorable to the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Since the facts of this case do not affect the issues on appeal, we state them in brief.
1. In accord with the usual rules on appeal, we state the facts in the manner most favorable to the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Since the facts of this case do not affect the issues on appeal, we state them in brief.
2. All further statutory references are to the Penal Code unless otherwise indicated.
2. All further statutory references are to the Penal Code unless otherwise indicated.
3. Sections 451 and 452 relate to arson and unlawfully causing a fire.
3. Sections 451 and 452 relate to arson and unlawfully causing a fire.
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