Gauthier v. State

The defendant’s principal allegation of error is that there was insufficient credible evidence to support the court’s finding that he was guilty of the crime charged. He also asks that in the interest of justice the judgment be set aside and a new trial ordered.

The burden of proof upon the state is the same whether the case is tried before a jury or before a court. That burden is to prove the .defendant guilty beyond a reasonable doubt. The test applied upon appeal to this court is whether the “evidence adduced, believed and rationally considered by the jury, was sufficient to prove the…