An inference is a deduction of fact
that may logically and reasonably be drawn from another fact or group of facts
established by the evidence.
It is not necessary that facts be
proved by direct evidence. They may be
proved by circumstantial evidence or by a combination of direct and
circumstantial evidence. Both direct and
circumstantial evidence are acceptable as a means of proof. Indeed, in many cases, circumstantial
evidence may be more certain, satisfying and persuasive than direct evidence.
In any event, both circumstantial
and direct evidence should be scrutinized and evaluated carefully. A conviction may be based on circumstantial
evidence alone or in combination with direct evidence, provided, of course,
that it convinces you of a defendant's guilt beyond a reasonable doubt.
Conversely, if circumstantial
evidence gives rise to a reasonable doubt in your minds as to the defendant's
guilt then the defendant must be found not guilty.
A simple illustration may be
helpful. The following is one set of
possible illustrations:
Optional
Illustrations:
The problem is proving that it
snowed during the night:
a)
Direct Evidence:
Testimony indicating that the witness observed snow falling during the
night.
b)
Circumstantial Evidence:
Testimony indicating that there was no snow on the ground before the
witness went to sleep, and that when he arose in the morning, it was not
snowing, but the ground was snow-covered.
The former directly goes to prove
that fact that snow fell during the night; while the latter establishes facts
from which the inference that it snowed during the night can be drawn.
[1] NOTE: For cases dealing
with circumstantial evidence, see: State
v. Corby, 28 N.J. 106 (1958); State v. Fiorello, 36 N.J.
80, 87-88 (1961), cert. denied 368 U.S. 967 (1962); State v. Ray,
43 N.J. 19, 30-31 (1964); State v. Mills, 51 N.J. 277, 287
(1968) cert. denied 393 U.S. 186 (1969); State v. Franklin, 52 N.J.
386, 406 (1968); State v. Mayberry, 52 N.J. 413, 436-437 (1968), cert.
denied 393 U.S. 1043, (1969); State v. Graziani, 60 N.J. Super.
1, 13-14 (App. Div. 1959), aff'd o.b. 31 N.J. 538 (1960), cert.
denied 363 U.S. 830 (1960); State v. Hubbs, 70 N.J. Super.
322, 328-329 (App. Div. 1961); State v. Papitsas, 80 N.J. Super.
420, 424 (App. Div. 1963).