Kennedy V. State, 323 S.E.2d 169 (Ga. App. 1984)
Title: Kennedy v. State, 323 S.E.2d 169 (Ga. App. 1984)
Facts: A fire was evolved on September 23, 1981 in a log cabin due to a hot plate. The hot plate was left on with an accelerant and kerosene near by. The owner of the cabin, Henry Xavier Kennedy was convicted of Arson as he obtained an insurance policy for $40K on the cabin five days prior to this fire and police found evidence that the construction business owned by Mr. Kennedy was losing money, and Mr. Kennedy's alibi was insufficient to eliminate him as a suspect.
Issues: Throughout the trail process on behalf of the court the inquiry for exceptions to the charge inaccuracy developed regarding instructions. The appellant was seeking a claim based of the defense of his alibi.
Decisions:
a. The court did not find any errors in the defense's response to exceptions, as counsel did not state any exceptions when inquired. During this inquiry defense counsel stated, "I don't believe..." which can be interpreted as an attempt to find error in exceptions to charge. Yet Georgia law indicates error cannot be found when induced by the appellant. Regardless, the court found no error in the charge of exception by the trial court.
b. Appellant believes the court hindered his ability to provide a defense based on his alibi that he was not present at the scene of the crime when the fire occurred and that he claimed the fire resulted by way of accidentally leaving a hot plate on. The prosecution proved the appellant conspired to ignite the fire later when he was not present. Prosecution also proved that by pouring the accelerant around the hot plate with the power on, is not indicative of an accident. The defense must prove "impossibility of the accused's presence," for which the court found no basis for error in the original trial.
c. Appellant claims error regarding his defense of accident using the prosecution's wording as a basis for the charge. The trial court indicated the reference of the fire as
Facts: A fire was evolved on September 23, 1981 in a log cabin due to a hot plate. The hot plate was left on with an accelerant and kerosene near by. The owner of the cabin, Henry Xavier Kennedy was convicted of Arson as he obtained an insurance policy for $40K on the cabin five days prior to this fire and police found evidence that the construction business owned by Mr. Kennedy was losing money, and Mr. Kennedy's alibi was insufficient to eliminate him as a suspect.
Issues: Throughout the trail process on behalf of the court the inquiry for exceptions to the charge inaccuracy developed regarding instructions. The appellant was seeking a claim based of the defense of his alibi.
Decisions:
a. The court did not find any errors in the defense's response to exceptions, as counsel did not state any exceptions when inquired. During this inquiry defense counsel stated, "I don't believe..." which can be interpreted as an attempt to find error in exceptions to charge. Yet Georgia law indicates error cannot be found when induced by the appellant. Regardless, the court found no error in the charge of exception by the trial court.
b. Appellant believes the court hindered his ability to provide a defense based on his alibi that he was not present at the scene of the crime when the fire occurred and that he claimed the fire resulted by way of accidentally leaving a hot plate on. The prosecution proved the appellant conspired to ignite the fire later when he was not present. Prosecution also proved that by pouring the accelerant around the hot plate with the power on, is not indicative of an accident. The defense must prove "impossibility of the accused's presence," for which the court found no basis for error in the original trial.
c. Appellant claims error regarding his defense of accident using the prosecution's wording as a basis for the charge. The trial court indicated the reference of the fire as
References: 172 Ga.App. 336, 323 S.E.2d 169 Justia.com (2013). Larceny-theft. Retrieved from http://www.justia.com/criminal/docs/uniform-crime-reporting-handbook/larceny-theft.html USLegal.com Inc. (2013). Breaking and entering. Retrieved from http://definitions.uslegal.com/b/breaking-and-entering/ USLegal.com Inc. (2013). Burglary. Retrieved from http://definitions.uslegal.com/b/burglary/ USLegal.com Inc. (2013). Home invasion. Retrieved from http://definitions.uslegal.com/h/home-invasion/