Banks v. State

KRUEGER, Judge.

The conviction is for the offense of arson. The punishment assessed is confinement in the State penitentiary for a term of two years.

*63Appellant and Miles Hamilton were jointly indicted for wilfully burning the. house of M. H. Foster, situated in the town of Port Arthur, Texas. The accused men filed a joint motion in which they asked for a severance with the request that appellant be tried first. The motion was granted by the court as prayed for and appellant alone went upon trial.

The indictment in this case contained four counts. In the first it was charged that on or about the…