Kelley v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bowie. Tried below before Hon. J. M. Talbot. Appeal from a conviction of arson; penalty, five years imprisonment in the penitentiary. The opinion sets out the indictment which was attacked in the lower court on motion in arrest of judgment. Defendant had rented the house and was engaged in carrying on an extensive saloon and barroom in connection with which he had expensive goods and bar fixtures and furniture.
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Appeal from the District Court of Bowie. Tried below before Hon. J. M. Talbot. Appeal from a conviction of arson; penalty, five years imprisonment in the penitentiary. The opinion sets out the indictment which was attacked in the lower court on motion in arrest of judgment. Defendant had rented the house and was engaged in carrying on an extensive saloon and barroom in connection with which he had expensive goods and bar fixtures and furniture. He had his property in the house heavily insured, and the theory upon which he was convicted was that he fired and sought to destroy the premises and…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of arson, and given five years in the penitentiary.
The charging part of the indictment is as follows: That T. F. Kelley * * * “with force and arms in the county of Bowie, and State of Texas, did then and there unlawfully, willfully and maliciously set fire to and burn a certain house of one Mrs. E. Erber there situate, and in the possession of and occupied by him, the said T. F. Kelly.” Appellant filed a motion in arrest of judgment, insisting that the indictment is defective, because the same impliedly, at least, charges that he was a tenant of the house…
2Cited by7 opinions
- Hinkle v. StateIndiana Supreme Court · 1910
- Harris v. StateCourt of Criminal Appeals of Texas · 1971
- Daniels v. StateCourt of Criminal Appeals of Texas · 1931
- Harris v. StateCourt of Criminal Appeals of Texas · 1971
- Pitts v. StateCourt of Criminal Appeals of Texas · 1949
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