Shippy v. State

I concur in the disposition of appellant’s ground of error pertaining to the submission of a charge on circumstantial evidence at the punishment phase of the trial for the following reasons.

“We have three classes of evidence: (1) Direct or testimonial evidence; (2) indirect or circumstantial evidence; (3) autoptie preference, or real evidence.” Philadelphia and R.R. Co. v. Berg, 274 F. 534, 537 (3rd Cir. 1921), citing Greenleaf on Evidence (16th Ed.), Vol. 1, Sec. 13a; Wigmore on Evidence, Sec. 1150, et seq.

There being no expert testimony in the cause sub judice as to “future probability”,…