Desilvey v. State

GARDNER, Chief Justice.

The appeal is from a conviction of murder in the first degree with infliction of the death penalty.

Defendant is charged with the murder of one Ruby Sims, who had been informally adopted by the defendant and his wife (a childless couple) as a member of the family when she was something over nine years of age. At the time of this alleged crime she was fourteen. Defendant’s conviction rests wholly upon circumstantial evidence.

Of course, in every criminal prosecution the burden is on the State to prove beyond a reasonable doubt the crime charged has in fact been committed…