Jacinth v. State

593 P.2d 263, 1979 Alas. LEXIS 632
CourtAlaska Supreme Court
DecidedApril 6, 1979
Docket3507
StatusPublished
Cited by29 cases

This text of 593 P.2d 263 (Jacinth v. State) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacinth v. State, 593 P.2d 263, 1979 Alas. LEXIS 632 (Ala. 1979).

Opinion

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

RABINOWITZ, Justice.

James Jacinth was convicted of second degree arson 1 and manslaughter 2 in superi- or court. In bringing this appeal he asserts that evidence corroborating his confession was insufficient to justify submitting the case to the jury; that the jury’s verdict was contrary to the weight of the evidence; and that the sentence of ten years on each count, to run consecutively, is excessive. We affirm.

This prosecution arose out of a fire that completely destroyed a Fairbanks bar and adult theater known as “The City” in 1973. The first of two fires that occurred at the premises of The City was detected sometime before midnight on September 9; it was extinguished to the satisfaction of University of Alaska firemen who responded to the call. Around 4:00 a. m. on September 10 a second fire broke out, which consumed the building and claimed the life of Pete Aiken, Jr., who lived on the premises. Ja-cinth, in statements to some five different people, 3 claimed responsibility for the fires — on some occasions saying that he had *265 set two fires, and on other occasions that he had started only the earlier one. At trial, though, he denied his guilt and claimed that he had fabricated the confessions on the basis of newspaper accounts. At the time of his arrest, appellant was indigent and said he wanted to go to jail to publicize certain injustices he felt he had suffered at the hands of the state.

In the confession that ultimately led to his arrest, a tape recording of which was played at trial, Jacinth went into some detail in describing the building and the way he had ignited the fire in it. In that statement he described to C. R. McCoy, an investigator for the Alaska State Troopers, how he had climbed through an opening into the attic of The City. Jacinth told of gaining access by standing on some lumber that was stored near the opening. He described the difficulty he had had in moving about in the attic, because of the construction of the ceiling of the room below, and the absence of any light source. And, finally, he told McCoy how he had set fire to the sawdust that was used as insulation in the building and marked the spot on a diagram corresponding to the point where he had started the fire. William Shechter, assistant fire chief at the University of Alaska fire department, testified to substantially the same details regarding The City, as did other witnesses. In addition, he marked the origin of the first fire on a diagram in the same area as Jacinth had and stated that, in his opinion, the fire had had no accidental origin and that it had been intentionally set. 4

The rule requiring corroboration of an accused criminal’s confession is stated in Armstrong v. State, 502 P.2d 440, 447 (Alaska 1972).

It is a settled principle of American jurisprudence that a criminal conviction *266 must rest on firmer ground than the uncorroborated confession or admission of an accused. To avoid convicting a person solely out of his own admissions, the law requires, for a case to be submissible to the trier of fact, additional independent evidence, [footnote omitted]

But the extent of corroboration required varies widely among jurisdictions. Armstrong, id. at 447, goes on to clarify the standard to be applied in Alaska courts.

We feel that the proper and most workable rule is the one laid down for the federal courts in Opper v. United States, 348 U.S. 84, 75 S.Ct. 158, 99 L.Ed. 101 (1954), where the court held that corroborative evidence need not be sufficient, independent of the statements, to establish the corpus delicti. Rather, the prosecution must introduce “substantial independent evidence which would tend to establish the trustworthiness of the statement.” Id. at 93, 75 S.Ct. at 164, 99 L.Ed. at 109.

In order to justify submitting this case to the jury, therefore, the trial judge was required to have found “substantial independent evidence which would tend to establish the trustworthiness” of Jacinth’s confession.

The corpus delicti of arson involves two elements: the burning of the building in question and a criminal agency as the cause of that burning. 5 The burning of The City is not disputed. And independent evidence produced at trial, as discussed above, provided an adequate basis for the finding that this fire was the result of a criminal act. Thus we can detect no error in the superior court’s finding that appellant’s confession was sufficiently corroborated to justify presenting the case to a jury.

In determining the sufficiency of the evidence supporting a criminal conviction, this court applies the standard of review set out in Kvasnikoff v. State, 521 P.2d 903 (Alaska 1974). There we held that:

[T]he evidence and the inferences to be drawn therefrom are to be viewed in a light most favorable to the state. The question, then, is whether the finding of guilt is supported by substantial evidence, that is, such relevant evidence which is adequate to support a conclusion by a reasonable mind that there was no reasonable doubt as to appellant’s guilt. 6

On the basis of Jacinth’s confessions and independent testimony discussed above, the jury could have reasonably concluded that Jacinth was guilty beyond a reasonable doubt. 7 We therefore hold that Jacinth’s convictions for the offenses of second degree arson and manslaughter should be upheld. 8

Jacinth further argues that our decision in Thessen v. State, 508 P.2d 1192 (Alaska 1973), precludes the superior court from imposing multiple sentences in the case at hand. In Thessen the defendant was charged with setting a fire that resulted in the deaths of fourteen people; he was found guilty of fourteen counts of manslaughter and received fourteen separate sentences. We found those multiple sentences to be violative of the double jeopardy provision of the Constitution of the State of Alaska, article I, section 9, and cited Whitton v. State, 479 P.2d 302 (Alaska 1970), as setting out the appropriate test. And we distinguished the factual situation in Thes-sen from Whitton in the following way:

The initial inquiry under Whitton

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stiner v. State
389 P.3d 73 (Court of Appeals of Alaska, 2017)
State v. Plastow
2015 SD 100 (South Dakota Supreme Court, 2015)
State v. Dern
362 P.3d 566 (Supreme Court of Kansas, 2015)
State v. McGill
328 P.3d 554 (Court of Appeals of Kansas, 2014)
State of Tennessee v. Courtney Bishop
431 S.W.3d 22 (Tennessee Supreme Court, 2014)
People v. Lara
2012 IL 112370 (Illinois Supreme Court, 2013)
Smith v. State
187 P.3d 511 (Court of Appeals of Alaska, 2008)
Lampkin v. State
141 P.3d 362 (Court of Appeals of Alaska, 2006)
Dodds v. State
997 P.2d 536 (Court of Appeals of Alaska, 2000)
Erickson v. State
950 P.2d 580 (Court of Appeals of Alaska, 1997)
State v. Aten
927 P.2d 210 (Washington Supreme Court, 1996)
State v. Ray
926 P.2d 904 (Washington Supreme Court, 1996)
Hathaway v. State
925 P.2d 1343 (Court of Appeals of Alaska, 1996)
Todd v. State
917 P.2d 674 (Alaska Supreme Court, 1996)
State v. Aten
900 P.2d 579 (Court of Appeals of Washington, 1995)
DeJesus v. State
655 A.2d 1180 (Supreme Court of Delaware, 1995)
Todd v. State
884 P.2d 668 (Court of Appeals of Alaska, 1995)
Looney v. State
826 P.2d 775 (Court of Appeals of Alaska, 1992)
Capwell v. State
823 P.2d 1250 (Court of Appeals of Alaska, 1991)
Mossberg v. State
733 P.2d 273 (Court of Appeals of Alaska, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
593 P.2d 263, 1979 Alas. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacinth-v-state-alaska-1979.