Barnes v. State

CHRISTIAN, Judge.

The offense is arson; the punishment, confinement in the penitentiary for four years.

It was alleged in the indictment that appellant “did unlawfully and wilfully set fire to and burn the house of Rayford McNabb and W. P. McLean.”

There was no averment in the indictment that the house was insured. Appellant was not interested in the policy of insurance Rayford McNabb had procured, and there was nothing in the evidence tending to show that appellant had been promised any part of the proceeds of the said policy. Over appellant’s proper objections, the State was permitted to…