Faulk v. State

OPINION ON STATE’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeals are taken from convictions for riot. V.T.C.A.Penal Code, Sec. 42.02. After finding appellants Faulk and Ferguson guilty of riot by arson, the jury assessed punishment at five years for Faulk and three years for Ferguson. After finding appellant Lawless guilty of riot by criminal mischief, the jury assessed punishment at five years, probated.

In their second ground of error, appellants Faulk and Ferguson challenge the sufficiency of the evidence. Specifically, they maintain that the evidence is insufficient to prove that a fire…