Colorado Technical University
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 believed was water/air proof; notwithstanding, the police discovered it was inadequate and couldn’t dispose of him as a suspect of this fire.
1. The defendant’s alibi, could he have been at the cabin when the fire started
2. Could the defendant have started the fire accidently
3. Was the request either of the court for exemptions to the charge wrong in regards to the jury, given or not given by the court to the jury?
4. Was there err in the court’s instruction to the jury regarding the defendant’s defense of accident?
a) There were no errors found by the court in response to exceptions by the defense, when inquired, there were no exemptions expressed by counsel. In any case, amid the request the barrier expressed, “I don’t accept.. “Which can be confused for an attempt to discover err in exemptions to charge. Despite the fact that the law in Georgia states, there can’t be error when the appealing party prompts it. Regardless, the court did not discover any error in the charge of exemption by the trial court (Kennedy v. State, 323 S.E. 2d 169-Ga: Court of, 2011).
b) Appellant feels that the court blocked him from giving a barrier gotten from his vindication that states he wasn’t at the scene of the crime when the fire happened, too; he asserts...