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18 Ga. App. 110

Hurt v. State

Court of Appeals of Georgia

Decided May 18, 1916

Court of Appeals of Georgia · decided 1916-05-18

Indictment for arson; from Houston superior, court — Judge Mathews. January 18, 1916. A group of wooden buildings, consisting of a barn, a stable, and a corn-crib, on a farm occupied by Eli Hicks as a tenant, was destroyed by fire at night. The fire was discovered about 11:30 o’clock. Nothing was known as to its origin. There were indications that it started at the corn-crib and was carried by the wind to the other buildings.

Decided 1916-05-18

Russell, O. J.

¶1The 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.

¶2Judgment reversed.

Broyles, J., dissents.
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