Tuller v. State

Citations

• 8 Tex. Ct. App. 501

Syllabus

<p>1. Arson of a dwelling-house is in the nature of an offence against the security of the habitation rather than against the right of property; and the tenure or interest of the occupant is immaterial if the tenement is in fact' his domicile.</p> <p>2. Evidence. —In a trial for the wilful burning of a dwelling-house alleged to belong to one R., the State introduced in evidence the absolute conveyance of the premises from the defendant’s mother to R., and proved that R. was occupying the house as his dwelling-house when it was burned by defendant. The defence proposed to prove that R., having failed to pay the defendant’s mother for the premises, had verbally agreed to surrender them to her; and that it was by her authority the house was fired. Held, that the evidence adduced by the State sustained the allegation of ownership, whether R. had paid for the premises or not; and that the proof proposed by the defence was properly excluded.</p> <p>3. Indictments for Arson, in this State, need not charge that the burning was felonious and malicious, as was required at common law. It is sufficient to allege and prove that it was “wilful,” and the particular intent with which it was done is not material.</p> <p>4. Principals. — An indictment charging the accused as a principal offender need not aver the particular acts or facts which inculpate him as a principal rather than as an accessory.</p> <p>6. Arson by Owners. — The Penal Code makes it arson for the owner of a house to burn it wilfully, under certain circumstances, among which is “when there is within it any property belonging to another.” An indictment based on this provision must allege the ownership in the accused, and aver the fact relied on to incriminate him; and the evidence must correspond with the allegations. In a trial for the wilful burning of the house of another, this provision is not law applicable to the case, and should not be given in charge to the jury.</p> <p>6. Charge of the Court — Practice.—If