McClary v. State

Appellant was convicted of arson, and her punishment assessed at five years’ confinement in the state penitentiary.

The appellant earnestly insists that the evidence will not support the conviction. We have read the record carefully, and, while the state’s ease depends wholly upon circumstantial evidence, yet we would not feel authorized to disturb the verdict on this ground of the motion.

However, in a bill of exceptions it is shown that the assistant county attorney, in his closing argument, said: “The fire records of the city of Dallas show that there is an average of 92 fires a month, and…