Robert Faulk, M. R. Ferguson & Allen Lawless, Appellants v. the State of Texas, Appellee

Summary

The Court affirmed the convictions of Faulk and Ferguson for riot by arson, finding the evidence sufficient to prove an incendiary fire and that the jury charge adequately covered all statutory elements, while denying the State’s motion for rehearing on Lawless’s conviction. It held that no separate charge on circumstantial evidence or on the law of parties was required, and upheld the constitutionality of Sec. 42.02 as properly construed. Two dissenting judges argued that the jury instruction was overly broad and that the statute infringes constitutional assembly rights.