Ivey v. State
Court of Appeals of Georgia
Indictment for attempt to burn dwelling house; from Warren superior court — Judge Shurley. September 16, 1931. Ivey was charged with having set fire to an unoccupied dwelling house on a farm, with intent to burn it.
Read the full summary
Indictment for attempt to burn dwelling house; from Warren superior court — Judge Shurley. September 16, 1931. Ivey was charged with having set fire to an unoccupied dwelling house on a farm, with intent to burn it. From the evidence it appears that he had occupied the house as tenant of M. F. Harrison, who rented the farm from the owner, and that about a week after he had moved from it the fire was discovered in it, and footprints, which witnesses testified they identified by certain peculiarities as his tracks, were found near it. Harrison testified, that about an hour after dark on a…
1Opinion of the CourtBroyles, C. J.
The evidence relied upon to convict the accused was wholly circumstantial, and was insufficient to exclude every reasonable hypothesis save that of his guilt.
Judgment reversed.
Luke and Bloodworth, JJ., concur. The motion for a new trial was based-on the usual general .grounds. The judge’s order overruling the motion is as follows: “ The within motion for new trial is overruled. I do this to prevent expense in another trial. The evidence, in my judgment, is barely sufficient to sustain the verdict, if sufficient, and I prefer that the Court of Appeals adjudicate the question of law, in the…
2Cases cited3 opinions
- Bines v. StateSupreme Court of Georgia · 1903
- West v. StateCourt of Appeals of Georgia · 1909
- Green v. StateSupreme Court of Georgia · 1900
3Cited by1 opinion
- Campbell v. StateCourt of Appeals of Georgia · 1983