51 Ga. 612 | Ga. | 1874
The defendant was indicted for the offense of arson in the night-time. On the Rial, the jury returned a verdict of guilty. A motion was made for a new trial on the ground that the verdict was against the weight of the evidence, and without evidence, which motion was overruled, and the defendant excepted. There is no positive evidence that the defendant.did set fire to the barn and gin-house as alleged in the indictment. Rut the circumstantial evidence against-him is pretty strong; sufficiently so, in our judgment, to authorize the jury, if they believed the witnesses, to find íhe _ verdict they did. It appears from the evidence in the record, that the house -was set on fire through the weather-boarding, in the night-time, and was the property of Price. Prince Cranford had his seed cotton, made that year, in the house, unginned. Price had cotton, wheat and oats in the house. The defendant had lived with Price two years before; had a difficulty about dividing the crop; there was bad feeling on the part of defendant towards Price and Prince Cranford. About twro or three weeks before the house was burned, defendant said that as soon as Prince Cranford got his stuff and cotton together, he would make him lose more than he would gain; Prince Cranford’s stuff and cotton was stored in Price’s house, with whom he was living; talked bitterly about him, and was very unfriendly towards Colonel Price; said to one witness that he wished everything Colonel -Price had was burned up, and him and his family burnt up in them; that he had cheated him out of his crop for two years; wished Colonel Price’s building, and all he had, and his family, were burnt up in it, that it would be a good thing for the country. Said to another witness that he intended to have revenge out of both Prince Cranford and Colonel Price, but did not say how. There is evidence going to show that the defendant was at a meeting
Let the judgment of the court below be affirmed.