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Hurt v. The State

Court of Appeals of Georgia1916-05-18No. 7274
18 Ga. App. 110

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Russell, O. J.

The corpus delicti of an arson may, of course, be established by circumstantial evidence, provided the circumstances are sufficient to exclude every other reasonable hypothesis than that of a wilful and intentional burning, and are so strong as to rebut the presumption that the fire was of providential or accidental origin; but the circumstances in the present case arq not sufficient to rebut the statutory presumption as to the origin of the fire. Judgment reversed.

Broyles, J., dissents.

dissent opinion

Broyles, J.,

dissenting. In my opinion the circumstantial evidence in the case was sufficient to establish the corpus delicti.

Citations by counsel:

Moore v. State, 14 Ga. App. 255 (80 S. E. 507); Beasley v. State, 12 Ga. App. 256; Boatright v. State, 10 Ga. App. 29; Stanley v. State, Id. 153; Garnett v. State, Id. 114; Morris v. State, 12 Ga. App. 810; Hawthorne v. State, Id. 811; Ford v. State, 13 Ga. App. 68; Watson v. State, Id. 181; Prater v. State, 16 Ga. App. 296; Williams v. State, 15 Ga. App. 306 (6, 7). R. N. Holizclaw, for plaintiff in error.

John P. Ross, solicitor-general, contra.