CIRCUMSTANTIAL EVIDENCE - Black's Law Dictionary

The term includes all evidence of indirect nature. Milligan v. State, 109 Fla. 219, 147 So. 260, 263.

It is direct evidence as to facts deposed to but indirect as to the factum probandum, Brown v. State, 126 Tex.Cr.R. 449, 72 S.W.2d 269, 270; evidence of facts or circumstances from which the existence or nonexistence of fact in issue may be inferred. People v. Steele, 37 N.Y.S.2d 199, 200, 179 Misc. 587; Wolff v. Employers Fire Ins. Co., 282 Ky. 824, 140 S.W.2d 640, 645, 130 A.L.R. 682; Scott v. State,57 Ga.App. 489, 195 S.E. 923, 924; inferences drawn from facts proved, Hatfield v. Levy Bros., 18 Ca1.2d 798, 117 P. 2d 841, 845; preponderance of probabilities, Hercules Powder Co., v. Nieratko, 113 N.J.L. 188, 173 A. 606, 610; process of decision by which court or jury may reason from circumstances known or proved, to establish by inference the principal fact, People v. Taddio, 292 N.Y. 488, 55 N.E. 2d 749, 750.

It means that existence of principal facts is only inferred from circumstances. Twin City Fire Ins. Co. v. Lonas, 255 Ky. 717, 75 S.W.2d 348, 350.

When the existence of the principal fact is deduced from evidentiary by a process of probable reasoning, the evidence and proof are said to be presumptive. Best, Pres. 246; Id. 12. All presumptive evidence is circumstantial because necessarily derived from or made up of circumstances, but all circumstantial evidence is not presumptive. Burrill.

The proof of various facts or circumstances which usually attend the main fact in dispute, and therefore tend to prove its existence, or to sustain, by their consistency, the hypothesis claimed. Or as otherwise defined, it consists in reasoning from facts which are known or proved to establish such as are conjectured to exist.

More On This Topic :  CORROBORATING EVIDENCE 

---
That's the definition of CIRCUMSTANTIAL EVIDENCE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.