Jones v. State

Citations

• 5 Tex. Ct. App. 130

Syllabus

<p>1. Charge oe the Court. — In a trial for wilful burning, the court below charged the jury as follows: “ The jury cannot convict the defendant unless convinced that the cotton-house burned was the property of Solomon Dunn, and that it was wilfully burned by the defendant. But, if the house burned (if any was burned) was, at the time it was burned, in the possession and control of the defendant, and was built by him to store his cotton in, and that at the time of the burning his cotton was stored therein, then you are instructed that it would be his house in a legal sense.” Held, not a charge on the weight of evidence, nor calculated to mislead.</p> <p>2. Practice nr this Court. — The statement of facts is limited to so much of the evidence as relates to the ownership of the burned structure, and concludes with an agreement of counsel that “ the other facts proven were sufficient to sustain the verdict.” Nothing in it, or elsewhere in the record, indicates any controversy at the trial about the structure being a house, in a legal sense, but the motion for a new trial. Held, that in this state of case it will be presumed, on appeal, that the evidence at the trial established the fact that the structure was a house.</p>