Jenkins v. State

Defendant was convicted of attempted grand larceny based upon circumstantial evidence. I would reverse because the evidence was insufficient as a matter of law to support the judgment because the essential allegations of the charge were not proven “beyond and to the exclusion of every reasonable doubt.” Criminal Florida Standard Jury Instruction 2.03.

The rule by which we are bound in circumstantial evidence cases is:

“to take the view . . . must [sic] favorable to the government, and to question whether the reasonable inferences to be drawn from such evidence are inconsistent with every…