 | William Wills - Evidence (Law) - 1857 - 296 pages
...from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of...other reasonable hypothesis than that of his guilt. This is the fundamental rule, the experimentum crucis by which the relevancy and effect of circumstantial... | |
 | James Fitzjames Stephen - Criminal law - 1863 - 540 pages
...proof quoted above. " The " facts must be absolutely incompatible with the innocence " of the prisoner, and incapable of explanation upon any " other reasonable hypothesis than that of his guilt." If for "reasonable," "possible" were substituted, this rule would have a distinct meaning. It would... | |
 | John H. Colby - Criminal law - 1868 - 480 pages
...from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of...other reasonable hypothesis than that of his guilt." And the same author says that " this is the experimentum crucis by which the relevancy and effect of... | |
 | Law - 1868 - 894 pages
...leading directly to that result. The evidence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of...other reasonable hypothesis than that of his guilt. This is a fundamental rule, the experimentum crucis by which the relevancy and effect of circumstantial... | |
 | Criminal law - 1872 - 954 pages
...from circumstantial evidence, the inculpatory or criminating facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis arising from the evidence, or growing out of the proof in the case, than that of his guilt. 6. If the... | |
 | Francis Wharton - Criminal law - 1874 - 834 pages
...from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of...other reasonable hypothesis than that of his guilt." Judges, on hearing these expressions, have been apt, in the hurry of a trial, to accept and apply them... | |
 | Law - 1897 - 1116 pages
...they must also be such facts and circumstances as are incompatible, upon any reasonable hypothesis, with the innocence of the accused, and Incapable of explanation upon any reasonable hypothesis other than that ot the defendant's guilt.— STATB v. HAYES, Utah, 46 Pac. Rep.... | |
 | Law reports, digests, etc - 1899 - 640 pages
...follows: "Second. In order to justify an inference of guilt the inculpatory facts must be incompatible with the innocence of the accused and incapable of...upon any other reasonable hypothesis than that of guilt." "Third. It is not sufficient that the circumstances pointed to guilt, create a probability,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1897 - 598 pages
...they must also be such facts and circumstances as are incompatible, upon any reasonable hypothesis, with the innocence of the accused, and incapable of explanation upon any reasonable hypothesis other than that of the defendant's guilt. The chain of circumstances must be... | |
 | Law - 1879 - 556 pages
...from circumstantial evidence the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of...other reasonable hypothesis than that of his guilt. This is the fundamental rule by which the relevancy and effect of circumstantial evidence must be estimated."... | |
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The law does not require, in order to justify the inference of legal guilt in cases of circumstantial evidence, that the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation... 
