Fannin v. State

CHRISTIAN, Judge.

The offense is attempted arson; the punishment, confinement in the penitentiary for two years.

The State’s testimony was, in substance, as follows: Officers observed appellant place a paper sack behind the billboard in the lobby of the Liberty Theater in Gladewater, Texas. Approaching appellant, they asked him what he threw behind the billboard, and appellant replied: “Oh, nothing.” Securing the sack, the officers found that it had in it some dynamite caps and a lighted fuse connected with four sticks of dynamite. The sack was full of smoke. Appellant said the sack contained a…