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.