Kennedy V. State Case Study

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Kennedy v State of Georgia

Read and brief the case of Kennedy v. State, 323 S.E. 2D 169 (Ga. App. 1984). Your case brief should follow the format below:

Title of the selected case

Kennedy v State of Georgia

172 Ga. App. 336

S.E.2d. 169 (1984)

Facts: Summary of the events, court timeline, evidence, and so forth

Appellant Henry Xavier Kennedy appeals the guilty verdict in a jury trial for the crime of first degree arson in the September 23, 1981 fire which leveled his log cabin. He claims that the jury charges, or sometimes called instructions to the jury by the judge, were erroneous in several different ways and that there was not enough evidence to convict him of the charge.

Kennedy's building business was slow, and he had two mortgages on the cabin which was the building in question. He had renewed an insurance policy on the building for $40,000 just days before.

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Kennedy had told investigators that he had a solid alibi from 12:00 midnight until 4:00 A.M. which would eliminate him from any wrongdoing because he was not on the scene. He had apparently removed a stove and his clothing from the cabin prior to the fire.

Kerosene was found on the floor of several rooms and also the "pour patterns" of the fluid led to a hot plate left on. From all the evidence found by the fire investigator coupled with the facts surrounding the possible motives of Henry Kennedy, he was arrested for arson. Depending on the fuel amount and the oxygen available, the fire could have smoldered and then started at an undetermined time from "a few minutes to a few hours."

Issues: Issues that were present in this case:

Whether the defendant's….....

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