State v. Anderson

I concur but I call attention to the inclusion in the opinion of the quotation from State v. Erwin, 101 Utah 365, 120 P. 2d 285, 302. I think the first and last sentence of that quotation helpful. The middle part of the quotation stating that the

“circumstances must be such as to reasonably exclude every reasonable hypothesis other than the existence of such fact and be consistent with its existence and inconsistent with its non-existence”

is too abstruse for the ordinary jury, and from my experience has even misled judges to withhold from the jury cases which should properly have been…