Case Brief Kennedy V State Of Georgia

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Kennedy vs. State of Georgia Kennedy v State of Georgia 172 Ga. App. 336 S.E.2d. 169 (1984) Facts Appellant Henry Xavier Kennedy was charged with first degree arson in September 23, 1981. He appealed this case stating that there was not enough evidence for the jury to convict him. The building that he was found guilty of burning down was his own home, he had two mortgages out on his home and just renewed a home owners insurance policy five days prior to the cabin being burnt down that was a total of forty thousand dollars. Kennedy states that he has an alibi from midnight until four a.m. where his house was on fire and he was not present at his home at the time of the fire, also some of his personal effects and a stove where removed prior of the fire. While investigating the start of the fire they discovered kerosene was found on the floor of many of the rooms, also that there was kerosene poured around the hot plate and it was left on. With all of this information from the investigation the police did and the information from the fire investigator gave them all the evidence to arrest Henry Kennedy for arson. Issues There was an issue with if the alibi was solid alibi, and also if he was actually able to be at the site when …show more content…

It may be your car, home, business but they are still unlawfully coming onto a property that is not theirs. They have many differences. Burglary is not just based on theft, you could be charged with murder while you were committing the burglary and also it includes that you are breaking into any type of structure. It does not just include a home or business. Breaking and entering is entering a building or vehicle; it does not mean that you are there to commit a theft only that you are breaking into something that is not yours. And last a home invasion is invading someone’s home and attempting to commit a crime like theft or

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