Harden v. State

OPINION

DICE, Judge.

Arson is the offense; the punishment, four years.

The indictment, drawn under Art. 1304 of the Vernon’s Ann.Penal Code, alleged that *172on or about the 31st day of May, 1965, the appellant did “unlawfully and wilfully burn a house * * * occupied by and in the possession of Tom Fletcher * *

At the trial, Fletcher, the prosecuting witness, testified that on the date alleged he operated a Kent service station in Ward County on the Grandfalls highway; that he maintained living quarters on the premises in an eight-by-fifty-foot trailer which, although equipped with wheels and tires…