Burke v. State

LATTIMORE, Judge.

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

Appellant complains of the indictment, but we observe that same charged that the house which was burned was “situated within the city of Shamrock, Texas, in said county”. The court submitted this issue to the jury. We think the indictment sufficient.

For some reason the court was misled in stating to the jury the punishment for the offense of arson. He stated that the punishment was not less than five or more than twenty years. The jury gave to appellant the lowest penalty stated in the charge. In fact the…