State v. Clements

On Rehearing.

WATSON, J.

It is first urged that, in passing upon the' sufficiency of the evidence to support the 'verdict, we overlooked that this conviction is based upon circumstantial evidence, and that in such a ease the circumstances must be such as, if believed, exclude every reasonable hypothesis except that of guilt.

The trial court instructed the jury that the' prosecution relied upon circumstantial evidence to convict, and that therefore, “before you will be authomed to find a verdict of guilty in this case, the facts and circumstances shown in evidence must be incompatible, upon any…