Posey v. State

LATTIMORE, Judge.

— Conviction for arson; punishment, two years in the penitentiary.

This case must be reversed for the error of the trial court in admitting, over proper objection, oral proof of the fact that the building burned and the furniture in same were insured by the owner, L. D. Pierce. The objection was that the policies themselves were the best evidence. There was no predicate laid for secondary evidence of the facts and contents of the policies. It was not claimed that said policies were lost, or out of the State, or in the hands of the adverse party who had been given proper notice…