Legal Opinion

Rogers v. State

Court of Appeals of Texas

Decided November 21, 1888No. 2972PublishedCited by 10 opinions

Appeal from the District Court of Hood. Tried below before the Hon. W. H. Devine. The appellant was convicted as an accomplice to arson, and was awarded a term of five years in the penitentiary. Homer Duke was the first witness for the State. He testified that he lived in Granbury, Hood county, Texas, and lived there in the year 1887. During April of that year he occupied a room in a building on the north side of the public square.

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Appeal from the District Court of Hood. Tried below before the Hon. W. H. Devine. The appellant was convicted as an accomplice to arson, and was awarded a term of five years in the penitentiary. Homer Duke was the first witness for the State. He testified that he lived in Granbury, Hood county, Texas, and lived there in the year 1887. During April of that year he occupied a room in a building on the north side of the public square. The defendant at that time was keeping a grain and feed store, which was located on the southeast corner of the said square. The witness was awakened one night…

1Opinion of the Court

Willson, Judge.

In the indictment, the house alleged to

fo have been burned, its ownership and occupancy are described as follows: “The house of Mary Gandy there situate in the town of Granbury, said Hood county, Texas, and the .said house being then and there held and occupied by O. M. Rogers for and as the agent of J. M. Rogers, the said J. M. Rogers having theretofore, on about the second day of November, 1886, rented and leased said house from the said Mary ■Gandy by and though J. M. Skipper as the agent of her the .said Mary Gandy.”

■ Defendant excepted to the indictment upon the grounds…

2Cited by10 opinions

  1. Upton v. StateCourt of Criminal Appeals of Texas · 1929
  2. Nash v. StateCourt of Criminal Appeals of Texas · 1932
  3. Boney v. StateCourt of Criminal Appeals of Texas · 1928
  4. Tindale v. StateCourt of Criminal Appeals of Texas · 1932
  5. Gillean v. StateCourt of Criminal Appeals of Texas · 1932

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