Gee v. State

McMurray, Judge.

Defendants were indicted for and convicted of the offense of motor vehicle theft. Defendants appeal, contending that the circumstantial evidence presented by the state is not sufficient to support the verdict and that the trial court erred in the charge on flight. Held:

1. "To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with guilt but shall exclude every other reasonable hypothesis save that of guilt of the accused. Code § 38-109. Such evidence need not exclude every inference or hypothesis except guilt of an accused, but only…