Circumstantial Evidence is also known as indirect evidence. It is distinguished from direct evidence, which, if believed, proves the existence of a particular fact without any inference or presumption required. Circumstantial evidence relates to a series of facts other than the particular fact sought to be proved. The party offering circumstantial evidence argues that this series of facts, by reason and experience, is so closely associated with the fact to be proved that the fact to be proved may be inferred simply from the existence of the circumstantial evidence.
The following examples illustrate the difference between direct and circumstantial evidence: If John testifies that he saw Tom raise a gun and fire it at Ann and that Ann then fell to the ground, John's testimony is direct evidence that Tom shot Ann. If the jury believes John's testimony, then it must conclude that Tom did in fact shoot Ann. If, however, John testifies that he saw Tom and Ann go into another room and that he heard Tom say to Ann that he was going to shoot her, heard a shot, and saw Tom leave the room with a smoking gun, then John's testimony is circumstantial evidence from which it can be inferred that Tom shot Ann. The jury must determine whether John's testimony is credible.