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SMITH v. STATE

33535.

85 Ga. App. 129 (1951)

68 S.E.2d 393

SMITH v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied December 10, 1951.

Attorney(s) appearing for the Case

H. G. Vandiviere, Ben F. Smith, W. L. Denton, for plaintiff in error.

Hal Hutchens, Solicitor-General, W. A. Foster Jr., contra.

MacINTYRE, P. J.

1. "To support a conviction of arson, it is necessary to show that the burning was not due to accidental or providential cause." Sutton v. State, 17 Ga.App. 713 (88 S. E. 122).

2. "`It is not often possible to make out a case of arson by direct proof establishing the corpus delicti or showing the connection of the defendant with the commission of the crime, for arson is seldom committed except at an hour when there is small chance...

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