Goodwin v. State

ON APPELLANT’S MOTION FOR REHEARING

DAVIDSON, Judge.

Our former opinion affirming the judgment of the trial court is withdrawn and the following is substituted:

The conviction is for the offense of being an accomplice to the crime of attempted arson; the punishment, two years in the penitentiary.

One who wilfully attempts to burn the house of another is guilty of the offense of attempt at arson (Art. 1316, P.C.)

An accomplice is one who is not present at the commission of an offense but, before the act is done, advises, commands, or encourages another to commit the offense.

The indictment in this…