Gaither v. State
Supreme Court of Georgia
Indictment for arson. Before Judge Lewis. Hancock superior court. October 5, 1903. The burned building was a barn on a farm. The fire was discovered between 11 and 12 o’clock at night. The top of the barn was then falling in. Nothing was known as to the origin of the fire. A witness testified that “ it seemed to have caught from the loft,” where hay was stored. The barn was not locked that night. The house in which the accused and his wife lived was a short distance from it.
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Indictment for arson. Before Judge Lewis. Hancock superior court. October 5, 1903. The burned building was a barn on a farm. The fire was discovered between 11 and 12 o’clock at night. The top of the barn was then falling in. Nothing was known as to the origin of the fire. A witness testified that “ it seemed to have caught from the loft,” where hay was stored. The barn was not locked that night. The house in which the accused and his wife lived was a short distance from it. The fire occurred Sunday night. He had been at work there, with another 'man, Saturday, putting hay into the barn. The…
1Opinion of the CourtTurner, J.
Where the evidence fails to prove the corpus delicti, and where the circumstantial evidence fails to connect the defendant with the alleged crime, a motion for a new trial hy the defendant convicted under such deficient evidence should he granted.
Judgment reversed.
All the Justices concur. ü. H. Lewis, for plaintiff in error. David W. Meadow, solicitor-general, contra.
2Cited by4 opinions
- Wade v. StateCourt of Appeals of Georgia · 1915
- Williams v. StateSupreme Court of Georgia · 1905
- Sevier v. StateCourt of Appeals of Georgia · 1915
- Williams v. StateCourt of Appeals of Georgia · 1922