Duncan v. State

MARTIN, Judge.

Offense arson, penalty two years in the penitentiary.

The indictment is in two counts. The first count charges the appellant with the unlawful burning of the house of John Reasonover. The second count charges conspiracy on the part of appellant, John Reasonover, J. S. Farrington and R. D. James, to burn the house of John Reasonover. The first count only was submitted to the jury.

A purported confession of appellant was introduced in evidence. It is vigorously contended that this confession was not voluntary and that its admission in evidence was error. In view of the disposition…