In every criminal cause there are two leading, distinct propositions involved; namely, that a crime was actually committed, and that it was committed by the defendant and none other; in other words, the corpus delicti, and the identity of the accused. The evidence must establish these two propositions beyond a reasonable doubt; and this may be done by circumstantial evidence as well as by direct or positive evidence.5

1 Young vs. People, 221 Ill., 51; State vs. Matthews, 88 Mo., 121.

2 Hughes' Cr. Law, Sec. 3147;

Walter vs. State, 105 Ind., 589;

State vs. Farmer, 84 Me., 436.

3 State vs. Frederic, 69 Me., 400.

4 Hughes' Cr. Law, Sec. 3148;

Duncummun vs. Hysinger, 14 Ill., 249; Spencer vs. Langdon, 21 Ill., 193; Wilburn vs. Hall, 16 Mo., 168; 1 Roscoe Cr. Ev., 169. 5 Gore vs. People, 162 Ill., 265; Hoch vs. People, 219 Ill., 284; Carlton vs. People, 150 Ill., 181; Com. vs. Johnson, 162 Pa. St., 63; Campbell vs. People, 159 Ill., 9.

The corpus delicti is the body or substance of the offense,6 and it must be proven before the introduction of evidence as to how or by whom it was committed.7

But it often happens that the same evidence which connects or tends to connect the accused with the offense charged also tends to prove the corpus delicti or body of the crime; hence the two propositions may be proven at the same time by the same evidence.8

The corpus delicti cannot be established alone by confessions of the accused; it must be proven by other competent evidence, independent of confessions.9

The corpus delicti is generally composed of several essential elements. And the rule is fundamental that every material fact essential to constitute an offense must be proven by the required weight of evidence, and the burden of proof is on the prosecution.10