Kennedy v State of Georgia
Address the following in 750–1,000 words: 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: 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. 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 alibi was indeed “solid” or whether he could have actually been
at the site of the fire when it was started.
Whether the defendant could have started the fire “accidentally”.
Whether the trial court’s charges to the jury were correct or were in error in the following
particulars:
Whether it was a reversible error to give a charge to the jury which said a crime had
occurred, which destroyed his defense of “accident.”
Whether it was reversible error to give a charge to the jury which said a crime had
occurred which also destroyed his alibi defense because if was not there he did not commit the
crime.
Whether it was reversible error to use the world “possibility” instead of “impossibility”
which was a “slip of the tongue” by the judge, but which could mislead the jury.
Whether it was reversible error to charge the jury with wording that introduced a
conspiracy theory, meaning his alibi defense would be destroyed.
Whether it was reversible error to use the world “arson” which is a crime, destroying the
accidental fire defense.
Decisions: The court's decision and the conclusion to the case
In the numerous errors the Appellant said the judge made when he gave the charges to the
jury, the Appellate Court in all the instances said that either there was no error or not a reversible
error. As for the alibi give by the defendant, Kennedy, he mentioned times that he had an alibi,
however, the expert testified that the fire could have started at a different time, depending on the
oxygen available and other things. Therefore, considering all the evidence, the Appellate Court
Reasoning: The rationale behind the final decision The Appellate Court found that there was no
reversible error in any of the issues stated. The wording that the judge used to charge the jury, or
what is sometimes called, “jury instructions” were either completely correct, or were not liable to
be misconstrued by the jury. The Court also found that the world “arson” which is of course, an
offense, was not prejudicial and was only informative for the jury. It contended that the jury was
basically intelligent enough to sort out this information even if every single word was not the
wisest choice. There was sufficient evidence that a word “here or there” would not have made
their decision any different and they could have found Kennedy guilty beyond a reasonable
doubt.
Dissenting opinions: There were no dissenting opinions.
Compare and contrast the crimes of burglary, breaking and entering, and home invasion.
Research state laws to provide definitions for each. How are they similar? Explain. What
sets them apart? Explain.
In common law, larceny was defined as the taking of another person’s property or the interest in
another’s personal property.
Although larceny is still used in many states today, it has been greatly expanded to include other
theft expenses. Identify at least 3 related theft offenses that developed from the offense of
larceny. Discuss your identified offenses, and provide examples to support your arguments. Be
sure to reference all sources using APA style.
Theft
Robbery
Shoplifting
Retail theft
Illinois criminal law classifies theft as an offense directed against property, which is defined as "anything
of value." While property is often thought of as real estate, tangible possessions or money, the statutory
definition of "property" also includes written instruments concerning labor, services, or anything else of
value to the owner; things growing on, affixed to, or found on land or a building; electricity, gas and
water; telecommunications services; domestic pets; food and drink; and anything which constitutes,
reflects or records "a secret scientific, technical, merchandising, production or management
information, design, process, procedure, formula, invention, or improvement."
A person commits theft of property belonging to another when he or she knowingly:
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Obtains or exerts unauthorized control over property of the owner
Obtains control over property of the owner by deception
Obtains control over property of the owner by threat
Obtains control over stolen property knowing the property to have been stolen or under such
circumstances as would reasonably cause him or her to believe that the property was stolen
In the context of an undercover operation conducted by a law enforcement agency: Obtains or
exerts control over property in the custody of such agency which a law enforcement officer or
agent explicitly represents as being stolen
In addition to obtaining or exerting control over another person's property -- including by the
taking (from the owner's person or presence), carrying away, sale, conveyance, transfer of title or
interest, or possession of such property -- through one of the aforementioned means, the person
committing theft must also (a) intend to permanently deprive the owner of the use or benefit of
the property; (b) knowingly use, conceal or abandon the property in such a way as to
permanently deprive the owner of its use or benefit; or (c) use, conceal, or abandon the property
knowing that such use, concealment or abandonment will probably permanently deprive the
owner of its use or benefit. Thus, a person who (1) obtains control over another person's
property, knowing that such control is unauthorized and (2) intends to permanently deprive the
owner of the property's use or benefit has committed the crime of theft.
While stolen property need not have a minimum value to complete the offense, the property's
value will determine the level of a convicted person's sentence. The value of stolen property is its
fair cash market value at the time of the theft, not its original cost.
Theft is distinguishable from the crime of robbery in that the latter constitutes the taking of
property from the person or presence of another by the use of force or intimidation. Thus, theft is
a lesser-included offense of robbery.
Defenses to Theft and Larceny Charges
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Owner's consent
Lack of intent to permanently deprive the owner of the property (i.e., temporary use with the
intent to return)
NOTE: Once a theft has been committed, it is NOT a defense that the guilty person later restores
the property to its owner.
Penalties and Sentences
Illinois penalizes convictions for theft according to the nature of the offense, the fair cash market value
of the property stolen, and the presence of prior related convictions. In particular, the grade of a theft
conviction will be heightened if the crime was committed in a school or place of worship, or if the theft
was of governmental property. Generally, classification of theft convictions range (from low to high) as
follows:
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Class A misdemeanor: Theft of property, other than from the owner's person, of up to $500 in
value
Class 4 felony: Theft as described above committed in a school, place of worship, or of
governmental property; or committed by a person previously convicted of a related, specified
crime
Class 3 felony: Theft of property from the owner's person of up to $500 in value; or theft of
property, other than from the owner's person, of $500-$10,000 in value
Class 2 felony: Theft of property of $10,000-$100,000 in value
Class 1 felony: Theft of property of $100,000-$500,000 in value
Class 1 non-probational felony: Theft of property of $500,000-$1,000,000 in value
Class X felony: Theft of property of more than $1,000,000 in value
Thus, the sentence of a person convicted of theft will vary significantly depending on whether,
for instance, the theft of property valued at under $500 was committed from the owner's person,
resulting in a Class 3 felony, or merely in the owner's presence, resulting in a Class A
misdemeanor. The former, higher-grade conviction is punishable by a sentence of 2-5 years in
prison, periodic imprisonment of up to 18 months, or probation or conditional discharge of up to
30 months; and a fine of up to $25,000 and/or restitution. In comparison, a Class A misdemeanor
carries a lighter sentence of imprisonment or periodic imprisonment of less than one year or
probation or conditional discharge of up to 2 years; a fine of up to $2,500; and/or restitution. On
the most serious end of the spectrum, Class X felonies carry the heaviest sentence of mandatory
imprisonment for a term of 6 to 30 years and a fine of up to $25,000 and/or restitution.
General Theft - Criminal Code Section Article 16, Subdivision 5, Section 16-1
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