Everritt v. State - 277 Ga. 457, 588 S.E.2d 691 (2003)

Rule:

A conspiracy to commit arson, without more, does not naturally, necessarily and probably result in the murder of one co-conspirator by another.

Facts:

Defendant hired a man to burn down his gas station. The man recruited his teenage grandson to help, but they failed. Later, the man asked the victim to help and the job was done. The victim remained unpaid for his role and the man killed him to keep him quiet. Defendant was indicted over nine years later, along with the man and the grandson. The man died before trial and the grandson testified against defendant under a plea agreement. Defendant was convicted of murder with malice afterthought. Defendant appealed. 

Issue:

Can one who enters a successful conspiracy to commit arson be held criminally responsible for the murder of one co-conspirator by another, when the murder was committed months after the arson in order to keep the conspiracy secret?

Answer:

No.

Conclusion:

The court reversed the decision of the trial court. The court held that the evidence failed to show a conspiracy to murder the victim because there was absolutely no evidence tying defendant to a conspiracy to commit murder. Although the evidence was sufficient to demonstrate that defendant entered into a conspiracy to commit arson, the murder was not reasonably foreseen as a necessary, probable consequence of the arson conspiracy. Defendant's motion for acquittal should have been granted.