Spears v. State

Citations

• 92 Miss. 613
• 46 So. 166

Syllabus

<p>1. Criminal Law and Procedure. Arson. Character of building burned, Dwelling house. Code 1906, § 1036. ,</p> <p>A room joined to a dwelling house by an' unenclosed passage way and a roof, so that fire would easily and quickly be communicated from the one to the other, is a part__of the dwelling, although used for the storage of fodder, under Code 1906, § 1036, making it a capital felony to burn in the night time a dwelling house in which there shall be at the time some human beiñg’usüally staying, lodging or residing at night.</p> <p>2. Same. Evidence. Bloodhounds. ■. ■</p> <p>It is competent in the trial of a criminal case to show that pure blooded bloodhounds, trained to track human beings, were, by an experiencd trainer, put on the trail at the place where a crime was committed, shortly after its commission, and that they followed it to the home of the accused and identified him; and cannot be rebutted by testimony touching the conduct of other dogs trained by the same person.</p> <p>3. Same. Corpus delicti in arson.</p> <p>Proof of the burning of the house does not establish the corpus delicti in arson; there must in addition be proof of a criminal agency.</p> <p>4. Same. Confession.</p> <p>Proof that a rustling noise was heard just before the fire broke out at the place where it started, that the house was burned, that trained bloodhounds tracked accused from the premises to his home and identified him and that footprints were found along the way corresponding to the shoes worn at times by the accused, sufficiently establishes the corpus delicti to justify the introduction of a confession by the accused.</p>