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Childs v. State
10 Ga. App. 829
| Ga. Ct. App. | 1912
|
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Hill, C. J.

1. In eases of alleged arson, in the absence of evidence as to the cause of the burning, the law presumes that the fire was accidental, and the State must prove beyond a reasonable doubt the perpetration of the criminal act. Ragland v. State, 2 Ga. App. 492 (58 S. E. 689) ; West v. State, 6 Ga. App. 105 (64 S. E. 130).

2. It is well settled that the corpus delicti must be shown by evidence aliunde the confession or incriminatory admissions. West v. State, supra; Boyd v. State, 4 Ga. App. 58; Allen v. State, 4 Ga. App. 458 (61 S. E. 740) ; Bines v. State, 118 Ga. 320 (45 S. E. 376, 68 L. R. A. 33). *830In the present ease there was no evidence whatever tending to prove the arson, except admissions slightly incriminatory, and these admissions were inconclusive, and at most raised only a bare suspicion of guilt. The verdict was therefore without any evidence to support it, and was contrary to law. Judgment reversed.

Decided March 19, 1912. Indictment for arson; from Henry superior court — Judge R. T. Daniel. January 12, 1912. Brown & Brown, for plaintiff in error. J. W. Wise, solicitor-general, contra.

Case Details

Case Name: Childs v. State
Court Name: Court of Appeals of Georgia
Date Published: Mar 19, 1912
Citation: 10 Ga. App. 829
Docket Number: 4013
Court Abbreviation: Ga. Ct. App.
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