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ROGERS v. STATE

No. 27442.

279 S.W.2d 97 (1955)

J. S. ROGERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 2, 1955.

Attorney(s) appearing for the Case

R. Stansell Clement, Lamesa, Barber & Barber, by Dell Barber, Colorado City, for appellant.

Eldon Mahon, Dist. Atty., Colorado City, Leon Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The offense is arson; the punishment, two years in the penitentiary.

Trial was had in Dawson County on a change of venue from Mitchell County. A former conviction for said offense was reversed by this Court in Rogers v. State, 158 Tex.Cr.R. 8, 252 S.W.2d 465, because of jury misconduct.

The State's evidence shows that appellant came from the State of Mississippi, purchased the Gosnell Hotel...

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