Legal Opinion · Dissent

Hurt v. State

Court of Appeals of Georgia

Decided May 18, 1916No. 7274Published

Indictment for arson; from Houston superior, court — Judge Mathews. January 18, 1916. A group of wooden buildings, consisting of a barn, a stable, and a corn-crib, on a farm occupied by Eli Hicks as a tenant, was destroyed by fire at night. The fire was discovered about 11:30 o’clock. Nothing was known as to its origin. There were indications that it started at the corn-crib and was carried by the wind to the other buildings.

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Indictment for arson; from Houston superior, court — Judge Mathews. January 18, 1916. A group of wooden buildings, consisting of a barn, a stable, and a corn-crib, on a farm occupied by Eli Hicks as a tenant, was destroyed by fire at night. The fire was discovered about 11:30 o’clock. Nothing was known as to its origin. There were indications that it started at the corn-crib and was carried by the wind to the other buildings. Corn in the shock, hay, and fodder were in the corn-crib, and there was pine straw where a mule was kept on the side. There was some hay in the stable, and fodder was…

1DissentBroyles, J.

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.

2Cases cited7 opinions

  1. Williams v. StateCourt of Appeals of Georgia · 1914
  2. Boatright v. StateCourt of Appeals of Georgia · 1911
  3. Prater v. StateCourt of Appeals of Georgia · 1915
  4. Ford v. StateCourt of Appeals of Georgia · 1913
  5. Beasley v. StateCourt of Appeals of Georgia · 1913

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