Nichols v. State

SHEPARD, Chief Justice.

When the evidence presented to prove a criminal offense is wholly circumstantial, a defendant is entitled to an instruction advising the jury that it must exclude all reasonable hypotheses of innocence in order to convict. We grant transfer to review the definition of "wholly circumstantial evidence."

Roy D. Nichols was convicted of reckless homicide, a class C felony, Ind.Code § 35-42-1-5 (West 1986), and operating a vehicle while intoxicated, a class A misdemeanor, Ind.Code § 9-30-5-2 (West Supp.Pamphlet 1991). The Court of Appeals reversed his convictions and remanded…