Majko v. State

*512Dissent

Jackson, J.

I cannot agree with the majority opinion and dissent thereto for the following reasons.

1. In the trial of a criminal case the requirement is that the defendant be proven guilty beyond a reasonable doubt, not “substantial evidence of probative value from which a reasonable inference could be drawn----”

2. If this court is to weigh the evidence adduced, then the only evidence before the court tending to prove defendant’s guilt was hearsay and inadmissible.

The judgment of the trial court should be reversed and the cause remanded with instructions to sustain the appellant’s motion for a new trial.

Note. — Reported in 207 N. E. 2d 212.