Sims v. State
Court of Appeals of Georgia
Indictment for arson; from Madison superior court—Judge Meadow. December 7, 1912. The accused—a negro boy—was charged with having burned a barn. The fire was discovered between ten and eleven o’clock at night. The roof and the upper part of the barn were then burning. It contained hay and fodder. The accused was arrested several days later, and confessed that he set fire to the barn.
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Indictment for arson; from Madison superior court—Judge Meadow. December 7, 1912. The accused—a negro boy—was charged with having burned a barn. The fire was discovered between ten and eleven o’clock at night. The roof and the upper part of the barn were then burning. It contained hay and fodder. The accused was arrested several days later, and confessed that he set fire to the barn. He said that a certain man came to where he lived and forced him to do it, and that he went to the barn in a buggy. Vehicles moving rapidly were heard that night, about the time of the fire, by persons living…
1Opinion of the CourtPottle, J.
The accused was convicted of arson, and excepted to the overruling of his motion for a new trial. The principal contention made by his counsel in this court is, that there was no proof of the corpus delicti. In an arson case the corpus delicti consists of the burning of the house by some criminal agency. West v. State, 6 Ga. App. 105 (64 S. E. 130). There was proof of a confession, but it is well settled that the corpus delicti must be proved aliunde the confession. West v. State, supra; Huey v. State, 7 Ga. App. 389 (66 S. E. 1023); Bines v. State, 118 Ga. 320 (45 S. E. 376, 68 L. R. A. 33);…
2Cases cited4 opinions
- Bines v. StateSupreme Court of Georgia · 1903
- West v. StateCourt of Appeals of Georgia · 1909
- Wright, Williams & Wadley v. BrownCourt of Appeals of Georgia · 1910
- Huey v. StateCourt of Appeals of Georgia · 1910
3Cited by4 opinions
- D. C. A. v. StateCourt of Appeals of Georgia · 1975
- Sims v. StateCourt of Appeals of Georgia · 1913
- D. C. A. v. StateCourt of Appeals of Georgia · 1975
- DCA v. State of Ga.Court of Appeals of Georgia · 1975