NICHOLS v. STATE

No. 71S03-9204-CR-312.

591 N.E.2d 134 (1992)

Roy D. NICHOLS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 27, 1992.


Attorney(s) appearing for the Case

Anthony V. Luber, South Bend, for appellant.

Linley E. Pearson, Atty. Gen. of Indiana and Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.


SHEPARD, Chief Justice.

When the evidence presented to prove a criminal offense is wholly circumstantial, a defendant is entitled to an instruction advising the jury that it must exclude all reasonable hypotheses of innocence in order to convict. We grant transfer to review the definition of "wholly circumstantial evidence."

Roy D. Nichols was convicted of reckless homicide, a class C felony, Ind. Code § 35-42-1-5 (West 1986), and operating a vehicle...

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