State v. Allies

I concur in the reversal of defendant’s conviction for the reasons stated in the majority opinion. I dissent from granting a new trial.

The essence of our criminal law is that a man may not be convicted of committing a crime unless it is proved beyond a reasonable doubt that he did so. In re Winship (1970), 397 U.S. 358; 90 S.Ct. 1068, 25 L.Ed.2d 368; State v. McWilliams (1936), 102 Mont. 313, 57 P.2d 788. Upon reviewing the sufficiency of the evidence to sustain a conviction, we do not pass on the credibility of the witnesses or the weight to be given their testimony as such matters are the…