Smith v. State

Jordan, Presiding Judge.

The defendant appeals from the overruling of his motion for a new trial after conviction and sentence for arson in the second degree. The sole issue before this court is the sufficiency of the evidence to support the conviction.

The defendant was the operator of a restaurant in Hapeville. The building in which his business was located was destroyed by fire during the early morning hours on Tuesday, October 7, 1969. It had been closed since the preceding Saturday. When observed by policemen at about 4 a.m. and 4:05 a.m. there was no evidence of fire in or around the…