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7 Ga. App. 197

DeVore v. State

Court of Appeals of Georgia

Decided December 10, 1909

Court of Appeals of Georgia · decided 1909-12-10

<p>Indictment for arson; from Milton superior court — Judge Morris. October 2, 1909.</p>

Cited by 3 later decisions — most recently July 1955

3 state decisions

Relies on Bines v. State · Phillips v. State · Murray v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1909-12-10

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Hill, C. J.

¶11. A confession freely and voluntarily made may be sufficient to convict of a crime, provided there is satisfactory evidence aliunde, direct or circumstantial, proving that the crime as confessed has been in fact committed. 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).

¶2'2. In an arson case, where the only proof as to the corpus delicti, outside of a confession, was the mere fact that two barns in which was stored inflammable material were burned at midnight, and the confession was shown to have been induced by promises of protection and immunity from punishment, made by the owner of the barns, a conviction was unsupported by the evidence and was contrary to law. Phillips v. State, 29 Ga. 105; Murray v. State, 43 Ga. 256; Bines v. State, supra.

¶3 Judgment reversed.

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