Estep v. State

Deen, Chief Judge.

Michael Estep brings this appeal following his conviction for burglary contending that the trial court erred in denying his motion for a directed verdict because the evidence presented by the state was wholly circumstantial and failed to exclude every reasonable hypothesis save that of his guilt. Held:

" 'Whether or not in a given case circumstances are sufficient to exclude every reasonable hypothesis save the guilt of the accused, is primarily a question for determination by the jury. This of necessity is so, for we have no legal yardstick by which we can ordinarily…