Mouton v. State

DUGGAN, Justice.

Appellant was convicted of arson under Texas Penal Code Sec. 28.02(a)(1), and punishment, enhanced by proof of prior convictions, was assessed by the jury at five years confinement in the Texas Department of Corrections.

The appellant was found guilty of setting fire to his brother’s automobile while it was parked in front of his brother’s house in Houston, Texas. On appeal he alleges four grounds of error.

By his first ground of error, the appellant argues that the trial court erred in failing to set aside the indictment due to the unconstitutional arbitrariness of Texas Penal…