Pozil and Jaffe v. State

LATTIMORE, Judge.

Appellants were convicted in the District Court of El Paso County of arson, and the punishment of each fixed at two years in the penitentiary.

The charge of the court on circumstantial evidence was full and fair, as was also the charge on alibi, and rendered unnecessary the giving of special charges 2, 3, 4, 5 and 6, asked by appellants. The test of exclusion was plainly stated in the charge on circumstantial evidence as follows:

“The circumstances taken together must be of a conclusive nature, leading on the whole to a satisfactory conclusion that the property was wilfully set…