Barnes v. State

Hawkins, Judge.

Conviction is for arson, punishment assessed being three years in the penitentiary.

This is a companion case to that of Lemley v. State. [No. 19062, page 148 of this volume.] Each of the cases have heretofore been before this Court and reversed. The first appeal of the Barnes case is reported in 130 Texas Crim. Rep. 547, 95 S. W. (2d) 112, and the Lemley case 130 Texas Crim. Rep. 552, 95 S. W. (2d) 113. The Lemley case, No. 19062, on the second appeal, was reversed and remanded in the opinion on rehearing of date May 4, 1938.

The present record is much like that in Lemley’s case…