Willis v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Cherokee. Tried below before Hon. James T. Polley. Appellant was indicted for burning the Jacksonville calaboose, and at his trial was convicted, his punishment being assessed at a term of seven years in the penitentiary. The evidence shows, that defendant was a prisoner, being in custody of an officer who was taking him from Palestine to Rusk.
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Appeal from the District Court of Cherokee. Tried below before Hon. James T. Polley. Appellant was indicted for burning the Jacksonville calaboose, and at his trial was convicted, his punishment being assessed at a term of seven years in the penitentiary. The evidence shows, that defendant was a prisoner, being in custody of an officer who was taking him from Palestine to Rusk. They had to lay over for the night at Jacksonville, waiting for a train, and the officer placed the defendant, for safe keeping during the night, in the calaboose. There were no other prisoners in the calaboose. A hole…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for arson. Appellant was confined in the calaboose at Jacksonville. During the night, the building was set on fire, in the room in which he was confined, by which means he secured his escape.
The contention below was, that if defendant did the burning in order to secure his escape, such burning would not constitute the crime of arson.
Such seems to have been the view entertained by the Supreme Court in Delaney’s case, 41 Texas, 601; but that case was expressly overruled by the Court of Appeals, in Smith’s case, 23 Texas Criminal Appeals, 357; and we are of…
2Cases cited1 opinion
- Delany v. StateTexas Supreme Court · 1874
3Cited by1 opinion
- Dallas County v. ReynoldsCourt of Appeals of Texas · 1917