Corpus Delicti


Corpus Delicti : The body of the crime, assuming that the specific crime charged has actually been committed by someone. The corpus delicti is made up of two elements; first that a certain result has been produced (i. e. a man has died or a building has been burned); and second, that someone is criminally responsible. (Ref. Ballentine on corpus delicti and 7R. C. L. 774) The corpus delicti specifically implies the body of the offense, or the substance of the crime. In an arson case, the corpus delicti consists of two elements; first, that the fire occurred (the burning or fire must at least extend to a charring of the wood or fabric to satisfy the legal requirements of burning); and second, that a fire resulted from the willful and intentional ignition by a criminal agency. The first must be shown by affirmative evidence. The second may be shown by direct or circumstantial evidence. For example, if flammable liquids were present in the library of a dwelling and ignited by a trailer extending from the door, the corpus delicti may be established by providing the occurrence of fire and second, eliminating all reasonable, accidental sources of ignition such as electrical, mechanical, smoking, lightning, etc
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