Pipe v. State

Citations

• 3 Tex. Ct. App. 56

Syllabus

<p>Instigating Willful Burning—Evidence.—Appellant was convicted of instigating his minor sons to bum a fence, the property of one K. The proof against him was that his sons, by his direction, brought fire into his own field, whence, by means of the grass, it communicated to, and burned, the fence. But there was no proof of any instigation to bum the fence, or of any design, either on his part or that of his sons, that it should he burned; whereas, on the contrary, the testimony concurred in proving that they labored to stop the fire, and that he specially exerted himself to save the fence. Held, that the conviction is not supported, by the evidence, and it was error to refuse a new trial applied for on that ground.</p>