Schlimme v. Commonwealth

I

The evidence in this case does not prove beyond a reasonable doubt that Albert C. Schlimme IV killed the victim. None of the evidence *22places Schlimme at the scene of the shooting. Moreover, even if the jury could be allowed to speculate that Schlimme was at the scene of the shooting, the evidence does not disprove the hypothesis that Kendall Bess, Sherri Younce, or some other person shot the victim.

It is not sufficient to create a suspicion or probability of guilt, but the evidence must establish guilt of the accused beyond a reasonable doubt. It must exclude every reasonable hypothesis…