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HARDEN v. STATE

No. 40315.

417 S.W.2d 170 (1967)

Charles HARDEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 26, 1967.

Attorney(s) appearing for the Case

John R. Lee, Kermit, for appellant.

A. R. Archer, Jr., Dist. Atty., Monahans, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Judge.

Arson is the offense; the punishment, four years.

The indictment, drawn under Art. 1304 of the Vernon's Ann.Penal Code, alleged that on or about the 31st day of May, 1965, the appellant did "unlawfully and wilfully burn a house * * * occupied by and in the possession of Tom Fletcher * * *."

At the trial, Fletcher, the prosecuting witness, testified that on the date alleged...

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