Georgia Court of Appeals, 1944

Burrell v. State

Burrell v. State
Georgia Court of Appeals · Decided January 29, 1944 · Broyles, MacIntyre, Gardner
28 S.E.2d 822; 70 Ga. App. 534; 1944 Ga. App. LEXIS 35 (South Eastern Reporter, Second Series)

Burrell v. State

Opinion of the Court

Broyles, C. J.

Ray Burrell and Ralph Burrell were convicted of the offense of arson. The evidence amply authorized the jury to find that the house in question was set on fire and burned by some criminal agency. Therefore, the corpus delicti was proved. The evidence connecting the defendants with the crime, while circumstantial, was sufficient to authorize the jury to find that it excluded every reasonable hypothesis save that of their guilt. The cases cited in the brief of counsel for the plaintiff in error are differentiated by their particular facts from this case. The overruling of the motion for new trial, based 'solely upon the general grounds, was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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