except that of guilt. you, as barwick says, barwick again is 660 72nd 694. determines you at the outset have to determine if there's competent evidence the jury can exclude guilt to the exclus of all other inferences. i would suggest to you that this would be a textbook case. it wouldn't make it to a textbook because the -- it is so apparent from the evidence presented at this stage of the proceedings, judgment of acquittal after the close of the state's evidence, that the inference of nonguilt is much stronger than any suggested inference of guilt. barwick, woods, and walker stand without question and unassailed for this proposition. and should be considered by the court as to the circumstantial