Legal Opinion

Smith v. State

Supreme Court of Georgia

Decided May 14, 1906PublishedCited by 26 opinions

Indictment for arson. Before Judge Holden. Oglethorpe superior court. January 15, 1906. J. T. Pittard owned a gin-house, which was burned about 4 o’clock on the morning of September 26, 1903, during the ginning season. 'The seed-house was about 25 feet from the gin-house.

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Indictment for arson. Before Judge Holden. Oglethorpe superior court. January 15, 1906. J. T. Pittard owned a gin-house, which was burned about 4 o’clock on the morning of September 26, 1903, during the ginning season. 'The seed-house was about 25 feet from the gin-house. Connecting the two was a wooden structure, a little house sufficiently high from the ground to enable wagons to pass under it for loading and unloading, and upon which were two flues for letting the seed out and taking them in from the wagons. This structure is referred to •as the “seed-bin.” It contained' lint-cotton and…

1Opinion of the CourtAtkinson, J.

It will be seen from the statement of facts that there was considerable evidence strongly corroborative of the alleged confession of the defendant. The language attributed to the defendant on that occasion will bear no reasonable construction other than a direct confession that he was paid $25 to burn the house, and in fact did the burning. See, in this connection, Eberhart v. State, 47 Ga. 609; Owens v. State, 120 Ga. 299. The jury was authorized from the evidence to believe that such a confession *299had been made. The confession being direct evidence, the conviction did not depend exclusively…

2Cases cited2 opinions

  1. Eberhart v. StateSupreme Court of Georgia · 1873
  2. Owens v. StateSupreme Court of Georgia · 1904

3Cited by26 opinions

  1. Weaver v. StateSupreme Court of Georgia · 1910
  2. Strickland v. StateSupreme Court of Georgia · 1928
  3. Lucas v. StateSupreme Court of Georgia · 1916
  4. Smith v. StateCourt of Appeals of Georgia · 1907
  5. Cook v. StateCourt of Appeals of Georgia · 1918

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