See also: DIRECT EVIDENCE
RELEVANCE.

Evidence is circumstantial, or indirect, if the proposition for which it is being offered is not necessarily proven just because the evidence is accepted as accurate, but may be inferred.  Evidence need not be direct in order to be admissible, so long as it is relevant, and circumstantial evidence may properly be found to outweigh direct evidence, including eyewitness testimony.{footnote}Kosch v. Monroe, 104 Ill. App. 3d 1085, 433 N.E.2d 1062 (1st Dist. 1982).

See also Holland v. United States, 348 U.S. 121, 75 S.Ct. 127, 99 L.Ed. 150 (1954) (jury should not be instructed that direct evidence to be given greater weight than circumstantial evidence); United States v. Moskowitz, 888 F.2d 223 (2d Cir. 1989) (prosecution may establish identity of substance as a narcotic through circumstnacial evidence); Check Rodella v. United States, 286 F.2d 306 (9th Cir. 1960).{/footnote}  See also DIRECT EVIDENCE.

One area where the distinction between direct and circumstantial evidence is important has to do with the burden of proof in criminal cases.  In order to sustain a conviction, circumstantial evidence must be such that reasonable persons could find that every possible theory of defendant’s innocence has been excluded.{footnote}Thurmond v. United States, 377 F.2d 769 (6th Cir. 1967); United States v. Shaffner, 524 F.2d 1021 (7th Cir. 1975); Check 562 F.2d 482 (   ).  Check Woxberg v. United States, 329 F.2d 284 (9th Cir. 1964).
Stephen v. State, 898 S.W.2d 435, 437 (Ark. 1995); People v. Lewellen, 250 N.E.2d 657 (Ill. 19___); People v. Morgan, 358 N.E.2d 280 (Ill. Ct. App. 1976).

Contra United States v. Fryer, 419 F.2d 1346 (8th Cir. 1969); United States v. Henry, 468 F.2d 892 (10th Cir. 1972) (circumstantial evidence need not eliminate all possibilities except guilt); United States v. Parnell, 581 F.2d 1374 (10th Cir. 1978) (same).  Check Hunt v. United States, 115 App. D.C> 1, 316 F.2d 652 (1963).{/footnote}  It has been held that this rule is not applicable to evidence of extrajudicial admissions, even though they constitute circumstantial evidence.{footnote}People v. Gould, 54 Cal. 2d 621, 277 (1960).{/footnote}