Smith v. State

WOLCOTT, Chief Justice.

The appellant Smith was indicted with William Simpson on a charge of burglary in the fourth degree and conspiracy to commit burglary. The two defendants were tried jointly and verdicts of guilty as to both were returned on the burglary and conspiracy charges. The defendant Smith appeals.

The sole.contention made by Smith is that his conviction rests purely upon circumstantial evidence and that, to convict on circumstantial evidence, that evidence must be consistent solely with the reasonable hypothesis of guilt. Littlejohn v. State, Del., 219 A.2d 155. He argues that…