State v. Rosenberry

By the Court.

The Court of Appeals held that the trial court should have directed a verdict for the defendant because the state adduced no evidence tending to prove the requisite elements of the offense charged. Specifically, it was held that the four hundred and fifty-two page record discloses no evidence of the corpus delicti, no evidence that the defendant’s wife was murdered, no evidence connecting the defendant with the death of his wife, and no evidence of malice or intent.

At the threshold of this discussion it should be noted that the state places its reliance upon circumstantial…