
    MORGAN v. STATE.
    (No. 13126.)
    Court of Criminal Appeals of Texas.
    Nov. 27, 1929.
    Rehearing Denied Jan. 1, 1930.
    R. L. Henderson and J. A. Kibler, both of Waco, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MORROW, P. J.

The offense is arson; punishment fixed at confinement in the penitentiary for a period of two years.

The record is without statement of facts or bills of exceptions. No fault in the trial has been pointed out by the record or, perceived by this court.

The judgment is affirmed.

On Motion for Rehearing.

LATTIMORE, J.

Appellant insists that we erred in upholding the action of the trial court in telling the jury that, if appellant had the care, control, and management of the house which was burned; at the time it was burned, this would in law make him the owner thereof. Article 402 of our Code Or. Proc. 1925, is decisive of this contention, and settles same against appellant. This article specifically holds that, where one person owns property and another person has the possession of the same, the ownership,may be alleged to be in either. This has application in arson cases as well as prosecutions for theft, burglary, or other offenses.

The motion for rehearing will be overruled.

HAWKINS, J., absent. .  