Legal Opinion · Dissent

Bluestein v. State

Court of Appeals of Georgia

Decided December 17, 1934No. 24224Published

1DissentBroyles, C. J.

It is well settled that in every prosecution for the offense of arson the burden is on the State to establish, beyond a reasonable doubt, two fundamental facts; first, *581a burning; and second, that the burning was due to some criminal agency. West v. State, 6 Ga. App. 105, 106 (64 S. E. 130); Davenport v. State, 12 Ga. App. 102, 103 (76 S. E. 756); Sevier v. State, 17 Ga. App. 277 (86 S. E. 533). If these two fundamental facts are shown beyond a reasonable doubt, the State then has the burden of proving the guilt of the accused; and where the evidence tending to connect him with the offense is…

2Cases cited4 opinions

  1. West v. StateCourt of Appeals of Georgia · 1909
  2. Kinsey v. StateCourt of Appeals of Georgia · 1913
  3. Davenport v. StateCourt of Appeals of Georgia · 1912
  4. Sevier v. StateCourt of Appeals of Georgia · 1915

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