Banks v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

It is insisted that because of the fact that the count of the indictment under which the conviction was had alleges the ownership to be in M. EL Foster, and the proof shows the same to be in his wife, Mrs. M. H. Foster, that the allegation and proof do not correspond, and therefore a reversal should be had herein. Mr. Foster himself testified that the burned building was the property of his wife, while appellant testified, by means of his confession, that he worked for Mr. Foster at the place that was burned. Relative to the question of the ownership…