Herhal v. State

(for the majority) :

The defendant Andrew J. Herhal was convicted of murder in the first degree in connection with the death of Mrs. Sally Deputy. The dispositive issue on this ap*705peal is whether the evidence was sufficient to support that conviction. We think not.

The evidence against Herhal was wholly circumstantial. Viewed in the light most favorable to the State, these were the facts proved:

Mrs. Deputy, the sister of Herhal’s paramour, was found dead in her home about 2:10 P.M. on April 21,1966. She had had a teleplione conversation with her sister about 1:30 P.M. and was all right at that…