ORATO v. STATE

No. 32539.

342 S.W.2d 108 (1960)

Jack ORATO, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 14, 1960.


Attorney(s) appearing for the Case

Sam Hoover, Houston, King C. Haynie (on appeal only), Houston, for appellant.

Jules Damiani, Jr., Crim. Dist. Atty., Ervin A. Apffel, Jr., Asst. Crim. Dist. Atty., Galveston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Appellant Jack Orato and his co-indictee Biaggio Angelica were jointly charged by indictment in separate counts with the offenses of arson and attempt to commit arson.

Upon the granting of a severance, appellant was separately tried and convicted under the second count of the indictment of attempt to commit arson, and his punishment assessed at confinement in the penitentiary for five years.

By motion to quash, appellant excepted...

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