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Barber v. State

The statute defining first degree arson, OCGA § 16-7-60 a 3, does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damaged by fire or explosive any insured dwelling without the insured's consent.

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Kelvin Douglas Barber Jr. was convicted by a jury of arson in the first degree, OCGA § 16-7-60 a 3. The trial court denied his motion for new trial, and Barber filed the present appeal, arguing that the evidence was insufficient to support his conviction, and that the trial court erred by failing to charge the jury on his sole defense of accident.

The evidence adduced at trial, viewed to support the jury’s verdict as we must on appeal, shows that on March 4, 2009, Barber and his wife, Denise Barber, lived in a house they jointly owned located at 217 Bonnie Sue Drive in Villa Rica, Georgia. Denise’s sister, Belinda Yvonne Kent, and her two children were also residing in the home at that time.

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