Williams v. State

Decision Date02 July 1906
Citation125 Ga. 741,54 S.E. 661
PartiesWILLIAMS. v. STATE.
CourtGeorgia Supreme Court
1. Arson—Evidence.

"When a house is consumed by fire, and nothing appears but that fact, the law rather implies that the fire was the result of accident, or some providential cause, than of a criminal design." Phillips v. State, 29 Ga. 105.

2. Criminal Law—Evidence—Confessions.

"Before a person charged with a particular crime can be lawfully found guilty thereof, it is necessary to establish the corpus delicti. This cannot be done by the mere extrajudicial confession of the accused. There must be aliunde proof of the corpus delicti." Bines v. State, 45 S. E. 376, 118 Ga. 320, 68 L. R. A. 33.

[Ed. Note.—For cases in point, see vol. 14, Cent. Dig. Criminal Law, §§ 1225, 1226.]

3. Arson—Evidence.

In the present case, when the confessions of the accused are eliminated, the other evidence is not sufficient to show beyond a reasonable doubt that there was a willful and maliciousburning of the house which was destroyed by fire.

(Syllabus by the Court.)

Error from Superior Court, Taliaferro County; H. M. Holden, Judge.

Bob Williams was convicted of arson, and brings error. Reversed.

Wm. N. Maltbie, Jno. W. Hixon, and Joel Cloud, for plaintiff in error.

D. W. Meadow, Sol. Gen., for the State.

COBB, P. J. Judgment reversed. All the Justices concur, except FISH, C. J., absent.

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7 cases
  • Sutton v. State
    • United States
    • Georgia Court of Appeals
    • March 16, 1916
    ...the law presumes that the fire was the result of accident or of some providential cause, rather than of criminal design. Williams v. State, 125 Ga. 741, 54 S.E. 661; West v. State, 6 Ga.App. 105, 64 S.E. Burley v. State, 6 Ga.App. 776, 65 S.E. 816; Childs v. State, 10 Ga.App. 829, 74 S.E. 8......
  • Sutton v. State
    • United States
    • Georgia Court of Appeals
    • March 16, 1916
    ...the law presumes that the fire was the result of accident or of some providential cause, rather than of criminal design. Williams v. State, 125 Ga. 741, 54 S. E. 661; West v. State, 6 Ga. App. 105, 64 S. E. 130; Bur-ley v. State, 6 Ga. App. 776, 65 S. E. 816; Childs v. State, 10 Ga. App. 82......
  • McVeigh v. State
    • United States
    • Georgia Supreme Court
    • May 12, 1949
    ...a mere extrajudicial confession alone. There must be aliunde proof of the corpus delicti. Smith v. State, 64 Ga. 605; Williams v. State, 125 Ga. 741(2), 54 S.E. 661; Clay v. State, 176 Ga. 403, 168 S.E. 'In defining 'corpus delicti' Wharton says: 'It is made up of two elements: (1) That a c......
  • State v. McLarne
    • United States
    • Minnesota Supreme Court
    • January 15, 1915
    ...building burned, but that the fire was designedly set by some one: People v. Wagner, 71 App. Div. 399,75 N. Y. Supp. 950;Williams v. State, 125 Ga. 741, 54 S. E. 661;Brown v. Commonwealth, 87 Va. 215, 12 S. E. 472;State v. Carroll, 85 Iowa, 1, 51 N. W. 1159;State v. Jones, 106 Mo. 302, 17 S......
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