Tarleton v. State

• Decision Date: 24 April 1901
• Citation: 62 S.W. 748
• Parties: TARLETON v. STATE.
• Court: Texas Court of Criminal Appeals

62 S.W. 748

TARLETON v. STATE.

Court of Criminal Appeals of Texas.

April 24, 1901.

Appeal from district court, Freestone county; L. B. Cobb, Judge.

Joe Tarleton was convicted of arson, and he appeals. Affirmed.

Robt. A. John, Asst. Atty. Gen., for the State.

DAVIDSON, J.

Appellant was convicted of arson, and his punishment assessed at ten years' confinement in the penitentiary. Motion for new trial was based on certain alleged misconduct of the jury, but this is not supported by affidavit either of appellant or juror. There is, however, in the record, what purports to be a statement of the facts in regard to this ground of the motion. This was filed 10 days after the adjournment of court. The state moves to strike out this statement because it was filed subsequent to the adjournment of court. This motion is well taken. Black v. State (Tex. Cr. App.) 53 S. W. 116. There are no bills of exception in the record, nor is the charge criticised in the motion for new trial. The only other contention is the insufficiency of the evidence to support the conviction. The witnesses Watson and Williams, who, under their testimony, were accomplices, make out a complete case, and other facts sufficiently corroborate them. The judgment is affirmed.