Ellis v. State

Appellant was charged by affidavit with the crime of second degree arson. After a trial by the court, *474the appellant was found guilty and judgment rendered accordingly.

Appellant’s sole assignment of error is that the trial court erred in overruling his motion for new trial. The two. grounds given in the motion for new trial are that the decision of the court is not sustained by sufficient evidence, and that it is contrary to law.

The.evidence in the case showed that Audrey Nance, who lives across the street from McClure’s Memorial Baptist Church,’ was in bed listening to the radio at…