Caddell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Henderson. Tried below before the Hon. B. H. Gardner. Appeal from a conviction of arson; penalty, seven years imprisonment in the penitentiary.
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Appeal from the District Court of Henderson. Tried below before the Hon. B. H. Gardner. Appeal from a conviction of arson; penalty, seven years imprisonment in the penitentiary. The evidence showed the burning of the gin in the early part of the night; that the burning indicated arson; that but very little fire was left in the furnace and not exposed; that defendant was seen near the gin a few minutes before the fire occurred; that he was on horse back and had been seen going to and coming from the gin; that horse tracks going and coming from defendant’s house to the gin were discovered the…
1Opinion of the Court
BBOOKS, Judge.
Appellant was convicted of arson, seven years in the penitentiary being fixed as his punishment.
He filed a motion for continuance for want of the testimony of Knox, by whom he expected to prove an alibi. However, this is contested, and showing made the witness would not swear to the facts set up in the application. Furthermore, there is no definite time stated by the witness at which he saw appellant in Athens, near where the arson was committed. The testimony of the witness would not have established an alibi, if he had been present and testified as alleged; and therefore his…
2Cited by3 opinions
- Ex Parte MuncyCourt of Criminal Appeals of Texas · 1913
- Carden v. StateCourt of Criminal Appeals of Texas · 1911
- Fannin v. StateCourt of Criminal Appeals of Texas · 1934