163 Ga. App. 92 | Ga. Ct. App. | 1982
Appellant L. Eugene Roberts was convicted of two charges of arson. The incident leading to the charges began shortly after midnight on January 6,1981 when a neighbor heard a car drive up to appellant’s house and saw a light shining on a tree outside. Around 1:00 a.m. the neighbor spotted smoke coming from the house and called the fire department. A fire was discovered in the den downstairs and a fireman entering the kitchen slipped on the floor which had been splashed with kerosene. Fire investigators discovered a metal pot containing kerosene in a closet. Kerosene saturated papers were found on the kitchen floor and stacked in the living room closet. Kerosene had also been poured on the top of dressers in two bedrooms. When examining the various rooms of the house, investigators found that the dressers and closets had very few things in them. The dishwasher in the kitchen had been disassembled and there was very little food in the refrigerator. The bathrooms were void of toothbrushes or shaving supplies.
Appellant returned to his house at 5:00 p.m. on the date of the fire. He was seen tearing up pasteboard boxes and carrying them and a gasoline can inside. On the next morning Monday, January 7, appellant was again observed by a neighbor at his house carrying green garbage bags in and out. Tuesday, January 8, appellant was seen going in and out of the house from 1:00 p.m. to 7:00 p.m. On his last trip to the house on that date appellant drove up, went inside for a minute or two, and left. Within approximately fifteen minutes of appellant’s departure, the house was on fire again.
1. Appellant alleges as error the admission of evidence concerning past fires which involved houses owned by appellant in Chattanooga, Tennessee. In his statement to fire investigators appellant admitted that his home on Jeanage Trail had burned in June 1977 and that his rented house on Heather Street burned in January 1978. On cross examination appellant admitted that fires also occurred to his houses located at the following locations at the times indicated: Elaine Circle — November 1971; Bonny Oaks Drive — March 1970; Albany Street — February 1970; Iris Road — January 1969; Thelmeda Lane — June 1968; Hunt Drive — December 1958.
“Evidence that is otherwise relevant or material to the issues in a criminal case does not become inadmissible simply because it concerns separate offenses, or because it incidentally puts a criminal defendant’s character or reputation in evidence.” Drake v. State, 245 Ga. 798, 802 (267 SE2d 237) (1980). The state on appeal urges that the evidence of the previous fire losses was relevant to show appellant was familiar with insurance and proof of loss and was therefore admissible to show plan, motive or scheme, even though it incidentally may have reflected on appellant’s character. However, while such proof may tend to show appellant’s familiarity with insurance claims, the prejudicial effect of such evidence outweighed its probative value as to that issue. The high number of fire losses occurring to the houses owned and lived in by appellant could only
2. The remaining enumerations of error are without merit or are unlikely to occur on retrial.
Judgment reversed.
The Hunt Drive property caught fire in 1966 or 1967, but appellant testified, “I don’t think it was in my name then.”