This website uses cookies to ensure you have the best experience. Learn more

Criminal Law, Kennedy V. State 323 S.E. 2d 169 (Ga. App. 1984)

1841 words - 8 pages

Karen N
Colorado Technical University
Professor Johnson
Criminal Law
Unit 3-Crimes Against Property
March 6, 2016

Title: Kennedy v, State, 323 S.E. 2d 169 (Ga. App. 1984)
Facts: On September 23, 1981, a fire erupted in a log cabin due to a hot plate. The hotplate was left on and there was an accelerant of a lamp oil trail close by. Henry Xavier Kennedy, the possessor of the lodge whom was at that point indicted for Arson had quite recently acquired a protection strategy on the property five days before the flame for $40,000. Agents likewise discovered proof that Mr. Kennedy was losing cash from a development business he possessed. Kennedy likewise had a vindication that he ...view middle of the document...

The arraignment demonstrated that the litigant schemed to begin the fire when he wasn’t around. It was additionally demonstrated that pouring an, animate close to the hot plate with the force on isn’t suggestive of a mishap.
c) Appellant claims the prosecution’s wording regarding his defense of a mishap as a premise for the charge. The trial court specified that the fire was a scene of a crime; and/the offense discovered it as an unacceptable reference. In any case, the court found no blunder in how the scene of the fire was portrayed, it wouldn’t harm the guard from guaranteeing that the fire was a mishap (Kennedy v. State, 323 SE2d 169-Ga: Court of, 2011).

Reasoning:
The trial court attributed several cases to rule a reason for err regarding remission of appeal or a new trial, the defenses alibi, or the defense claim of accident. The trial court established the defense counsel had stated no exceptions during the trial courts inquiry; so therefore, the courts find now error (Kennedy v. State, 323 SE 2d 169-Ga: Court of, 2011).
16-3-40 GA codes state that alibi shows the inconceivable possibility of the blame’s vicinity and the litigant contends that the arraignment damaged this by saying “conceivable” in the contention charged to the jury. The court didn’t concur with the litigant’s contention the arraignments wording or the charge deceive the jury.
The appellant’s claim of defense was accident; however, it couldn’t be implemented due to the overwhelming evidence possessed by law enforcement. The evidence of a burn pattern due to an accelerant used to strengthen the fire, and the hot plate left on. Due to all the evidence, as well as the fire being classified as treacherous leaves one with the conclusion that the flame is a result of intent. So subsequently, there are no reason for the litigant to base an advance here due to the absence of proof to bolster the case of mishap (Kennedy v. State, 323 SE 2d 169-Ga: Court of, 2011).
Evidence found against Mr. Kennedy regarding his renewal of his $40,000 insurance policy days before the fire as well as the indication of his construction business that was failing proves motive. All this evidence implies that the only one that could have gained from the fire would be Mr. Kennedy.

My Opinion:
The defendant was convicted of Arson in my opinion, due to the overwhelming evidence against him. The evidence obtained suggests he arranged the fire, set the hot plate in the on position and then went on to establish his alibi so he could receive the insurance benefits. Speaking of insurance, he actually had his policy changed to receive $40,000 on a claim, and this was done just days prior to the fire starting. As for it being an accident, it is very impossible that one would pour or spill lamp oil around a hot plate, abandon it on and not tidy up the mess from the spill before leaving the house.
Breaking & Entering/Burglary/Home Invasion
Burglary is similar to...

Other Essays Like Criminal Law, Kennedy v. State 323 S.E. 2d 169 (Ga. App. 1984)

Week 3 Assignment

541 words - 3 pages . Stating someone is ugly subjective and is protected by the first amendment. However, comments by the station were design to embarrass the plaintiff. the name and citation of the case (5 points) | Roach v. Stern, 252 A.D.2d 488, 675 N.Y.S.2d 133, 1998 N.Y. App. Div. LEXIS 7998 (N.Y. App. Div. 2d Dep't 1998) LexisNexis Headnotes | the name of the court which decided the case (3 points) NEW YORK SUPREME COURT

Memorandum Essay

3943 words - 16 pages . Harrison will be able to show that it was not “immediately apparent” to the officers that the NFL Jerseys were of an incriminating nature. The jerseys were seized on the mere suspicion that the jerseys were evidence of crime. No probable cause exists for its seizure. In United States v. Rutkowski, 877 F.2d 139 (Mass. App. Ct. 1989), a state trooper obtained warrants to search Rutkowski's various premises which included

Field Research Paper

4160 words - 17 pages Appeal Digest from May of 2003. In this article the writer refers to State v. Erickson, 2003 WI App 43, 260 Wis.2d 279, 659 N.W.2d 407, where the defendant tried to suppress the blood sample because it was in violation of the requirements set forth in State v. Bohling, 173 Wis.2d 529, 494 N.W.2d 399 (1993). The circuit court in this case denied the motion and the defendant was subsequently convicted of homicide by intoxicated use of a vehicle

• Messa (P) V. Sullivan & Keyman’s Club (D, a)

1756 words - 8 pages instruction from mom] • In another California dog bite case, Gomes v. Byrne, 51 Cal2d 418, 333 P.2d 754, the court affirmed a judgment for the defendant. That case is not like the case at bar because there plaintiff saw and heard the dog before he entered the yard where the dog was kept. [previous warning] Reasoning: how the court applied the selected law • lawfully on the defendants' premises • From all indications on the exterior of the

Elizabeth Smallwood; Whether Smallwood States a Claim Sufficiently Outrageous to Support the Intentional Infliction of Emotional Distress

1279 words - 6 pages ] so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Metropolitan Life Ins. Co. v. McCarson, 467 So. 2d 277, 278-279 (Fla. 1985). The standard is extremely stringent and extends beyond conduct that may be humiliating or reprehensible. Lay v. Roux Laboratories, Inc., 379 So. 2d 451 (Fla. Dist. Ct. App. 1980) (conduct

Business Law

1488 words - 6 pages confidence commanding the utmost good faith. Swallows v. Laney, 102 N.M. 81, 83, 691 P.2d 874, 876 (1984). As a fiduciary, the real estate agent must reveal all facts within his or her knowledge to the principal that might affect the principal's decisions, rights, and interests. Id. A real estate broker or salesperson who breaches his or her agency fiduciary duty to a purchaser can be liable for damages. See Robison v. Katz, 94 N.M. 314, 321, 610

Mcdonald V. City of Chicago Case Briefing

742 words - 3 pages * NRA of Am., Inc. v. City of Chicago, 567 F.3d 856, 2009 U.S. App. LEXIS 11721 (7th Cir. Ill., 2009) * District of Columbia v. Heller, 554 U.S., 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), * held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense but struck down a District of Columbia law that banned the possession of handguns in the home * Substantive * Chicago’s firearm

Orthodox Text-Based Approached

2762 words - 12 pages rehearing of Silveira v. Lockyer 312 F.3rd 1052 (2002), dissent at 328 F.3d 567 (2003) at 575, Judge Kleinfeld stated "it is 'a cardinal principle of statutory construction that we must give effect, if possible, to every clause and word of a statute.' Williams v. Taylor, 529 U.S. 362, 404, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000)." * Supreme Court of Virginia: "Every part of an act is presumed to be of some effect and is not to be treated as

Business Civic Liability Research Paper

1352 words - 6 pages efficient actions include background checks, and protocols and procedures. Cases Cited Jackson v. County of Wayne, No. 06-1605, 2007 U.S. App. LEXIS 2652 (3d Cir. Feb. 07, 2007) Quebedeaux v. Dow Chem. Co., 820 So. 2d 542 (La. 2002) Brasseaux v. Town of Mamou, 752 So. 2d 815 (La. 2000) Frederick v. Swift Transp., 616 F. 3d 1074 (10th Cir. 2010)

Writing Assignment 4

690 words - 3 pages trial court ruled in the case of People v Stephens,84 Mich.App. 250, 255; 269 N.W.2d 552 (1978). References: Lippman, M. (2009). Contemporary Criminal Law: Concepts, Cases, and Controversies (2nd ed). Chicago: Sage publications http://caselaw.findlaw.com/ny-supreme-court-appellate-division/1590380.html http://caselaw.findlaw.com/ny-supreme-court-appellate-division/1590380.html

Case Brief Soldano V. O’daniels Court of Appeals of California March 28, 1983 Statement of Facts a Patron of Happy Jack’s Saloon Went Across the Street to the Circle Inn to Talk with the Owner of the...

2048 words - 9 pages rejection of the common law rule, but by expanding the list of special relationships which will justify departure from that rule. For instance, California courts have found special relationships in Ellis v. D'Angelo (1953) 116 Cal.App.2d 310, 253 P.2d 675 (upholding a cause of action against parents who failed to warn a babysitter of the violent proclivities of their child), Johnson v. State of California (1968) 69 Cal.2d 782, 73 Cal.Rptr. 240, 447 P.2d

Related Papers

United States V. Carroll Towing Co., 159 F.2d 169 Brief

445 words - 2 pages United States v. Carroll Towing Co., 159 F.2d 169Facts:The Anna C. was tied along with 6 other ships to the pier. The harbor master failed to properly strengthen the ropes connecting the flotilla to the tier, and the bargee had left the ship the day before and was not present. The flotilla broke loose, and the Anna C. hit a tanker and started leaking. The Grace (Grace Line) and Carroll (The Carroll Co.) could have saved the Anna C., but as the

Fetal Alcohol Syndrome Who Has The Rights?

2171 words - 9 pages , 2004, the Supreme Court issued an opinion dismissing the charges against Ms. Gilligan; they ruled that the charges were “without legal basis” because New York’s child endangerment law does not apply to a pregnant woman’s actions in relation to her fetus. The second case, the State of South Carolina became the first state to uphold a conviction based on a child endangerment statute. In Whitner v. South Carolina, 492 S.E.2d 777 (1997

Assignment Week 1 Cheeseman Keller

2019 words - 9 pages was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover? Robert Chuckrow Construction Company v. Gough, 117 Ga. App. 140, 159 S.E.2d 469, Web 1968 Ga.App. Lexis 1007 (Court of Appeals of Georgia) (Cheeseman, 2010, p. 189)" Can Gough recover? In our opinion, Mr. Gough is not going to recover his investment in

Defense Analysis

879 words - 4 pages their possessions? Often circumstances may cause a situation to get out of control or out of hand, and the individuals involved must make decisions that could change their lives and the lives of everyone around them. A few people will go beyond the use of a sensible defense and resort to the intent to kill as in the case of the State v. Norman. In the case of the State v. Norman 324 N.C. 253, 378 S.E.2d 8 (1989), Mrs. Judy-Ann Norman, the