Hamilton v. State

DAVIDSON, Judge.

Arson is the offense; the punishment, ten years’ confinement in the State penitentiary.

This is a companion case to that of Banks v. State, 157 S. W. (2d) 360.

It was charged that appellant and Banks wilfully burned the house of M. H. Foster.

That the filling station of Foster, situated on the corner of 6th Street and 9th Ayenue, in the City of Port Arthur, was set afire and burned is not seriously disputed in this record.

It appears that, about 8:15 P. M., Foster and Banks (his employee) closed the station. Banks later returned, and, after putting some gasoline in a truck…