Sevier v. State
Court of Appeals of Georgia
Indictment for arson; from Sumter superior court — Judge Littlejohn. February 15, 1915.
1Opinion of the CourtRussell, C. J.
The presumption that the burning was either the result of accidental or providential cause was‘not overcome by proof. Notwithstanding that it may be difficult to convict of the offense of arson, the rule that upon the prosecution devolves the burden of showing that the burning was the result of criminal design is inflexible. In the present ease, not only was there failure to establish the corpus delicti, but even if it be conceded that the barn in question- was fired, the evidence is insufficient to remove every other reasonable hypothesis than that of the defendant’s guilt. In view of our…
Also in this document: Dissent.
2Cases cited15 opinions
- Bines v. StateSupreme Court of Georgia · 1903
- Phillips v. StateSupreme Court of Georgia · 1859
- Smith v. StateSupreme Court of Georgia · 1906
- West v. StateCourt of Appeals of Georgia · 1909
- Murray v. StateSupreme Court of Georgia · 1871
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3Cited by3 opinions
- Burgess v. StateCourt of Appeals of Georgia · 1968
- Bluestein v. StateCourt of Appeals of Georgia · 1934
- Williams v. StateCourt of Appeals of Georgia · 1923