Shannon v. The State Of Ga.
| Decision Date | 31 July 1876 |
| Citation | 57 Ga. 482 |
| Parties | Monroe Shannon, plaintiff in error. v. The State of Georgia, defendant in error. |
| Court | Georgia Supreme Court |
Criminal law. Evidence. Before Judge Hall. Monroe Superior Court. February Term, 1876.
The following, taken in connection with the decision, sufficiently reports this case: The evidence for the state showed that the tracks found near the scene of the arson appeared as if the right shoe was run down—prisoner's right shoe was slightly run down; also that prosecutor and prisoner had an altercation the day before the fire, in the course of which the former cursed the latter.
Two witnesses for the defense swore that they staid at prisoner's house the night of alleged arson; that he came home about eleven p. m., and went to bed; that they were awakened about one or two a. m, by an alarm of fire, and that prisoner was apparently asleep; that the distance from prisoner's house to the scene of the arson was about three hundred yards.
The case was tried before Judge McCutchen; the motion for new trial was heard by Judge Hall.
J. A. Hunt; J. S. Pinckard; W. D. Stone, for plaintiff in error.
Hammond & Berner, for the state.
The defendant was indicted for the offense of "setting fire to a house in town, " and on the trial therefor, was found guiltyby the jury, with a recommendation that he be imprisoned *for life. A motion was made for a new trial, on the ground that the verdict was contrary to law, contrary to the evidence, and without evidence to support it; which motion was overruled by the court and the defendant excepted.
1. The main evidence relied on to connect the defendant with the offense charged, was the fact that certain tracks were discovered near the house set on fire, the next morning thereafter, which were measured but not identified as the tracks of any particular individual. A day or two afterwards, the defendant\'s tracks, as he made them in a public street, were measured, and the size thereof compared with the tracks found near the house set on fire. There were some other slight circumstances offered in evidence to show the defendant might be guilty of the offense charged, not, however, inconsistent with his innocence, but unless the tracks found near the house set on fire the next morning thereafter were made by the defendant, the verdict cannot be sustained. How is that fact sought to be established? It is sought to be established by a comparison of the size of the...
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Werk v. Big Bunker Hill Mining Corp., 13922.
...in the instant case, because the motion was passed on, not by the judge who presided at the trial, but by his successor. Shannon v. State, 57 Ga. 482; Thompson v. State, 60 Ga. 619, 620; Neal v. Field, 68 Ga. 534; Cleveland v. Treadwell, 68 Ga. 835; Florida Central, etc., R. Co. v. Grant, 1......
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Werk v. Big Bunker Hill Mining Corp.
...in the instant case, because the motion was passed on, not by the judge who presided at the trial, but by his successor. Shannon v. State, 57 Ga. 482; Thompson State, 60 Ga. 619, 620; Neal v. Field, 68 Ga. 534; Cleveland v. Treadwell, 68 Ga. 835; Florida Central, etc., R. Co. v. Grant, 110 ......
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State v. Espelin
... ... 312, 47 P.2d 53. The rule is ... everywhere recognized, as evidenced by the note in 95 A.L.R ... A ... conviction cannot be sustained where there is no evidence ... other than footprints to identify the guilty incendiary ... Curtis on Arson, § 504; Shannon v. State, 57 Ga ... 482; Carlton v. People, 150 Ill. 181, 37 N.E. 244, ... 41 Am.St.Rep. 346; State v. Johnson, 19 Iowa 230; ... State v. Moffitt, 31 Iowa 316; Hightower v ... State, 91 Tex.Cr.R. 187, 237 S.W. 1112; White v ... State, 93 Tex.Cr.R. 532, 248 S.W. 690. Yet, dependable ... ...
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State v. Espelin, 7749.
...be sustained where there is no evidence other than footprints to identify the guilty incendiary. Curtis on Arson, § 504; Shannon v. State, 57 Ga. 482; Carlton v. People, 150 Ill. 181, 37 N.E. 244, 41 Am.St.Rep. 346; State v. Johnson, 19 Iowa 230; State v. Moffitt, 31 Iowa 316; Hightower v. ......