Wilson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The State moves for rehearing, and urges that our opinion nullifies and renders of no effect article 1308, P. C., which provides that when fire is communicated to a house by means of the burning of another house, or some combustible matter, — it is presumed that the intent was to destroy every house actually burnt; provided there was any apparent danger of such “Construction.” We observe in passing that the word “construction” makes no sense in this connection. An examination of the original enactment shows that the word “Destruction” was then used.

It…