Lemley v. State

ON MOTION FOR REHEARING.

Hawkins, Judge.

It was alleged in the indictment that the property burned belonged to Rayford McNabb and W. P. McLean. It was necessary for the State to prove said allegation. We quote from 4 Tex. Jur., Sec. 10, page 807:

“Arson is said to be directed more against the possession and occupancy than towards the ownership of the destroyed property. And, for the purposes of a prosecution for arson, the burned building is deemed to belong to the person who has the right of possession thereof. Title to and ownership of the property is rarely if ever in issue; nor will inquiry…