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Amerithrax — Part 13
Page 172
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toshow that the defendant's wife . a the stolen
check. In reaching its decision, the court reasoned as
follows:
Although it is apparent that someone endorsed Mr.
Moore's signature on the back of the treasury check,
the evidence was not sufficient for a fair jury to
conclude beyond a reasonable doubt that Mr.
Henderson was the endorser. The evidence, because it
was circumstantial required that the jury draw an
inference that because Ms. Henderson used the
defendant's car to cash the check, and because Ms.
Henderson did cash the check, the defendant must
have signed the check. This simply does not follow. It
is unreasonable to infer Mr. Henderson's guilt based
upon the actions of his wife. Yet, it is apparent from
the evidence that there was little else upon which to
base a conviction. . . . Although circumstantial evidence
is testimony to the surrounding facts and
circumstances of the point at issue, they must at some
point connect, to allow the trier of fact to draw the
inference that the fact asserted is true.
Id. at 1031 (internal citation omitted). The court then
http://vis.law.vill.edu/locator/3d/July1997/97a1636p.htm
Page 24 of 29
5/10/2005
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