Stacey v. State

Full title: STACEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Dec 4, 1992

426 S.E.2d 401 (Ga. Ct. App. 1992)

426 S.E.2d 401

Opinion

A92A1769.

DECIDED DECEMBER 4, 1992.

Arson. Gwinnett Superior Court. Before Judge Henderson.

Ronnie K. Batchelor, for appellant.

Thomas C. Lawler III, District Attorney, Debra K. Turner, Assistant District Attorney, for appellee.

McMURRAY, Presiding Judge.

Defendant was convicted of arson in the first degree and moved for a new trial. The trial court denied defendant's new trial motion and she appeals. Held:

1. "Reviewing the transcript in the light most favorable to the verdict, we find the circumstantial evidence sufficient to enable any rational trier of fact to find the defendant guilty of arson in the first degree (OCGA § 16-7-60). Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Brown v. State, 195 Ga. App. 532 (1) ( 394 S.E.2d 378) (1990)." Collins v. State, 201 Ga. App. 433 (1), 434 ( 411 S.E.2d 341).

2. Defendant contends the trial court erred in failing to instruct the jury, without request, that the law presumes every fire to be accidental until the State proves otherwise. This contention is controlled adversely to defendant by Randall v. State, 3 Ga. App. 653 (3) ( 60 S.E. 328). See also Pulliam v. State, 196 Ga. 782, 792 (10) ( 28 S.E.2d 139); Jones v. State, 50 Ga. App. 97 ( 176 S.E. 896).

Judgment affirmed. Sognier, C. J., and Cooper, J., concur.

DECIDED DECEMBER 4, 1992.