United States v. Cage

45. Black’s Law Dictionary 1399 (6th ed. 1990) defines speculation as “the art of theorizing about a matter to which evidence is not sufficient for certain knowledge.” On the other hand, it defines circumstantial evidence, inter alia, as the “[pjrocess of decision by which court or jury may reason from circumstances known or proved, to establish by inference the principal fact.” Id. at 243. Regardless of the proper demarcation between the two, I disagree with the majority that there was insufficient evidence in this case to infer beyond a reasonable doubt that appellant committed an indecent…