Mulligan v. State
Court of Appeals of Texas
Appeal from the District Court of Rusk. Tried below before the Hon. J. Q-. Hazelwood. The conviction in this case was for arson, and the penalty imposed by the verdict was a term of five years in the penitentiary. Berry Duke was the first witness for the State. He testified that he lived in Rusk county, Texas. He was the owner of the house which was alleged in the indictment to have been burned by the defendant.
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Appeal from the District Court of Rusk. Tried below before the Hon. J. Q-. Hazelwood. The conviction in this case was for arson, and the penalty imposed by the verdict was a term of five years in the penitentiary. Berry Duke was the first witness for the State. He testified that he lived in Rusk county, Texas. He was the owner of the house which was alleged in the indictment to have been burned by the defendant. That house was situated in Rusk county, and was burned during the month of December, 1886, at about three o’clock in the morning. The said house was built of logs, had four walls and…
1Opinion of the Court
White, Presiding Judge.
Appellant was convicted of arson. Two counts were contained in the indictment—one for the burning of a house, and the other for the wilful burning of a “pile of wood the same being a set of house logs.” Defendant’s motion to quash the indictment was sustained as to the second, or the count for wilful burning.
Appellant was the tenant of one Duke, and during his tenancy had erected a crib upon the rented premises, which crib the landlord, Duke, refused to pay for when the parties were having their settlement with a view to the expiration of the *202lease. Defendant declared…
2Cases cited1 opinion
- State v. HannettSupreme Court of Vermont · 1881
3Cited by3 opinions
- Clay v. StateCourt of Criminal Appeals of Texas · 1931
- Daniels v. StateCourt of Criminal Appeals of Texas · 1931
- Pitts v. StateCourt of Criminal Appeals of Texas · 1949