Georgia Court of Appeals, 1916

Hurt v. State

Hurt v. State
Georgia Court of Appeals · Decided May 18, 1916 · Broyles, Russell
18 Ga. App. 110; 88 S.E. 901; 1916 Ga. App. LEXIS 150

Hurt v. State

Opinion of the Court

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-law data current through December 31, 2025. Source: CourtListener bulk data.