Smith v. State

Citations

• 23 Tex. Ct. App. 357
• 5 S.W. 219
• 1887 Tex. Crim. App. LEXIS 84

Syllabus

<p>1. Arson—Intent—Case Stated—Charge of the Court—Case Overruled.—Under the Penal Code of this State the ■willful burning of any “house” is arson, and a house is any building, edifice or structure enclosed with walls and covered, whatever the materials used for building. Though the house be neither destroyed nor seriou ' injured, the “burning ” is complete -when the fire has communicated to it, and, if the burning was designed, it is immaterial by what means the fire was communicated. Appellant, while confined in the wooden prison of a county poor farm, set fire to the roof of the prison, burning a hole therein. Being tried for arson, there was no evidence tending to disclose with what intent he set fire to the building. To the charge given by the trial court to the jury the defense objected, in substance, because it did not instruct for an acquittal if the appellant’s intent was to effect an escape, and not to consume or injure the building. Reid, on a review of both elementary and adjudicated authority, that the exception to the charge was not well taken. Delaney’s ease, 41 Texas, 601, is overruled on this point.</p> <p>2. Accomplice Testimony.—Concealment of knowledge that a felony is to be committed does not make the party concealing it an accomplice or a particeps criminis, and therefore does not necessitate corroboration of his testimony inculpatory of the accused.</p>