Sims v. State

Head, Justice.

Ground one of the amended motion for new trial assigns error on the following charge of the court: “The law says that, to warrant a conviction by circumstantial evidence alone, the proven facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis save that of the guilt of the accused.” It is contended that the charge as given was confusing, misleading, and unsound as an abstract principle of law; it was not comprehensive enough on the degree of proof required to authorize a conviction, on circumstantial evidence; the…