Messer v. State

Plaintiff in error, hereinafter called defendant, was convicted in district court, Choctaw county, of second degree arson, and his punishment fixed at two years in the state penitentiary.

Defendant was charged jointly with A. A. Walling and J. E. Fuller with having burned a cotton gin in Hugo.

Both Fuller and Walling testified they burned the building by agreement with defendant, who promised them $75 for so doing. Defendant did not testify.

Defendant argues the evidence is insufficient for lack of corroboration of the accomplices. The trial court instructed the jury that Fuller and Walling were…