(DOWNLOAD) "State West Virginia v. Robert Franklin" by Supreme Court of Appeals of West Virginia * eBook PDF Kindle ePub Free

May 05, 2021

eBook details

Title: State West Virginia v. Robert Franklin
Author : Supreme Court of Appeals of West Virginia
Release Date : January 21, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

1. "In a criminal case, a verdict of guilt will not be set aside on the ground that it is contrary to the evidence, where
the state's evidence is sufficient to convince impartial minds of the guilt of the defendant beyond a reasonable doubt. The
evidence is to be viewed in the light most favorable to the prosecution. To warrant interference with a verdict of guilt on
the ground of insufficiency of evidence, the court must be convinced that the evidence was manifestly inadequate and that
consequent inJustice has been done." Syllabus Point 1, State v. Starkey, 161 W.Va. 517, 244 S.E.2d 219 (1978). 2. "Circumstantial evidence will not support a guilty verdict, unless the fact of guilt is proved to the exclusion of every
reasonable hypothesis of innocence; and circumstances which create only a suspicion of guilt but do not prove the actual commission
of the crime charged, are not sufficient to sustain a conviction.' Syl. pt. 2, State v. Dobbs, 163 W.Va. 630, 259 S.E.2d 829
(1979)." Syllabus Point 2, State v. Phillips, 342 S.E.2d 210 (1986).