Commonwealth v. Wilson

I must dissent. Here, the evidence, even with the reasonable inferences that the jury could have drawn, does not establish that appellant, Andre Wilson, was guilty beyond a reasonable doubt. Therefore, this writer cannot applaud the majority’s decision which finds that “[t]he direct and circumstantial evidence taken as a whole are sufficient to sustain the [jury’s] verdict”. At p. 771. The most that can be said is that the jury was allowed impermissibly to speculate on facts which are not borne out by the record. Hence, this dissent.

The circumstantial evidence which was presented by the…