Carr v. State

Decided June 12, 1917

Alabama Court of Appeals · decided 1917-06-12

1. Arson &wkey;>37(l) — Proof of Crime — Sufficiency. In arson, the corpus delicti consists, not alone of a building burned, but also of its having been willfully fired by some responsible person, and burning by accidental and natural causes must be satisfactorily excluded, to constitute sufficient proof of the crime. [Ed. Note. — For other definitions, see Words and Phrases, First and Second Series, Arson.] 2. Arson <&wkey;37(l) — Evidence—Sufficiency. In prosecution for arson, evidence held insufficient to prove the corpus delicti.

Relies on Daniels v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1917-06-12

How this case has been cited

Cited by 22 later decisions — most recently April 1988

22 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 On Rehearing.

PER CURIAM.

¶2 If the building was willfully fired, the evidence pointed out in the application for rehearing has some tendency to connect the defendant with the burning; but, if the burning was from accidental causes, the circumstances pointed out lose their potency. The state should, on another trial, offer evidence overcoming or tending to overcome the presumption that the fire occurred from accidental causes. See Daniels v. State, 12 Ala. App. 119, 68 South. 499.

¶3 Application overruled.