Moon v. State
Court of Appeals of Georgia
Indictment for arson; from Madison superior court—-Judge Meadow. December 7, 1912.
1Opinion of the CourtRussell, J.
1. In order to authorize a conviction of arson, the corpus delicti must be established independently of the confession of the accused. Westbrook v. State, 91 Ga. 11 (16 S. E. 100).
2. In the present case, if the confession of the accused be eliminated, there is not sufficient evidence to establish the corpus delicti. Proof that the barn was consumed by fire, without more, does not eve1- tend to show that the fire was a felonious one. Upon such proof the law presumes the fire to have been accidental. Kinsey v. State, ante, 422; Sims v. State, ante, 363; West v. State, 6 Ga. App. 105 (64 S. E.…
2Cases cited6 opinions
- Bines v. StateSupreme Court of Georgia · 1903
- Phillips v. StateSupreme Court of Georgia · 1859
- Westbrook v. StateSupreme Court of Georgia · 1892
- West v. StateCourt of Appeals of Georgia · 1909
- Scott v. StateCourt of Appeals of Georgia · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sims v. StateCourt of Appeals of Georgia · 1913
- State v. EganSouth Dakota Supreme Court · 1923