Pitts v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

The state has filed a motion for a rehearing herein and cites us to many cases contrary to the dicta quoted in the Mulligan case, supra.

The statute is plain, and Art. 1313, Vernon’s Ann. Tex. P. C., provides that “one of the part owners of a house is not permitted to burn it.” In other words, an owner of a house is permitted under certain circumstances to burn his house, but a part owner can never bum a house. There may be some differences shown in the testimony as to appellant being a part owner of the property attempted to be burned. Title is but of…