People v. Stewart ( 1910 )

Hooker, J.

(concurring). I do not concur in the statement that it was reprehensible for the prosecutor to say in his argument that “ it is common knowledge that people burn buildings for insurance.” It is as much a fact of which courts and juries may take judicial notice as is the fact commonly known that men commit burglary, robbery, and homicide for gain.

There should be no impropriety in saying to a jury any of these things in a case where the proof warrants the submission of such a question to the jury, for, if it is possible to suppose a juror ignorant of such fact, it would be full time to advise him of it.

I agree in affirming the verdict in the case.

Moore, J., concurred with Hooker, J.'