Fay v. State

James Fay was found guilty of indirect criminal contempt for violating a March 17, 1999 injunction for protection against domestic violence which required him to surrender any firearms that he possessed. The sole issue for our consideration is the sufficiency of the evidence to support denial of his motion for judgment of acquittal. The state relied completely on circumstantial evidence. Fay argues that although the evidence created a strong suspicion that he violated the injunction, it was not sufficient to rebut his reasonable hypothesis of innocence. We agree and reverse his conviction.

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