Johnson v. State

DAVIDSON, Judge.

Appellant stands convicted of the wilful burning of his house, situated within the city of Hillsboro. The punishment was assessed at two years in the penitentiary.

*446Appellant and his wife owned and, together with their four sons, occupied their home. At 10:40 o’clock at night a fire in the second story of the house was reported to the fire department.

The proof showed a strong odor of kerosene oil. One witness testified that in his opinion, inasmuch as he had detected such odor at the time, the oil was used in setting on fire and burning the house. The sheriff was permitted,…