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Hurt v. State
18 Ga. App. 110
Ga. Ct. App.
1916
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Lead Opinion

Russell, O. J.

The corpus delicti of an arson may, of course, be established by circumstantial evidence, provided the circumstances are sufficient' to exclude every other reasonable hypothesis than that of a wilful and intentional burning, and are so strong as to rebut the presumption that the fire was of providential or accidental origin; but the circumstances in the present case arq not sufficient to rebut the statutory presumption as to the origin of the fire.

Judgment reversed.

Broyles, J., dissents.





Dissenting Opinion

Broyles, J.,

dissenting. In my opinion the circumstantial evidence in the case was sufficient to establish the corpus delicti.

Citations by counsel:

Moore v. State, 14 Ga. App. 255 (80 S. E. 507); Beasley v. State, 12 Ga. App. 256; Boatright v. State, 10 Ga. App. 29; Stanley v. State, Id. 153; Garnett v. State, Id. 114; Morris v. State, 12 Ga. App. 810; Hawthorne v. State, Id. 811; Ford v. State, 13 Ga. App. 68; Watson v. State, Id. 181; Prater v. State, 16 Ga. App. 296; Williams v. State, 15 Ga. App. 306 (6, 7).

R. N. Holizclaw, for plaintiff in error. John P. Ross, solicitor-general, contra.

Case Details

Case Name: Hurt v. State
Court Name: Court of Appeals of Georgia
Date Published: May 18, 1916
Citation: 18 Ga. App. 110
Docket Number: 7274
Court Abbreviation: Ga. Ct. App.
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