Parise v. State

1. “To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused” (Code § 38-109); and where, from all the evidence adduced upon the trial and every reasonable inference to be drawn therefrom, every reasonable hypothesis save that of the guilt of the accused is not excluded by the facts proved, a conviction in such a case cannot be allowed to stand.

2. Under an application of the foregoing rule of law to the facts of the present case, the…