Legal Opinion

Pitts v. State

Court of Criminal Appeals of Texas

Decided January 26, 1949No. 24220Published

1Opinion of the Court

DAVIDSON, Judge.

*536This is a conviction for attempt to commit the crime of arson; the punishment, eighteen months in the penitentiary.

The count in the indictment upon which this conviction rests charged, in effect, that appellant wilfully attempted to set fire to and burn the house of Claude Ellis.

The elements of the offense of arson become an integral part of the offense here charged, because the attempt must be such as, if consummated, the offense of arson would have been committed.

Arson is the wilful burning of a house, under certain circumstances (Chapter One, Title 17, P. C.). These are:…

2Cases cited9 opinions

  1. Banks v. StateCourt of Criminal Appeals of Texas · 1941
  2. Kelley v. StateCourt of Criminal Appeals of Texas · 1902
  3. Morgan v. StateCourt of Criminal Appeals of Texas · 1929
  4. Brashears v. United Iron Works Co.Missouri Court of Appeals · 1913
  5. Hamilton v. StateCourt of Criminal Appeals of Texas · 1942

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