ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE LINKER HART, Judge
STATE OF ARKANSAS
February 7, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
HONORABLE JOHN W. LANGSTON,
A jury found appellant, Waimonushun Smith, guilty of second-degree murder and
fixed his sentence as a habitual offender at a term of forty years in the Arkansas Department
of Correction. On appeal, appellant argues that the evidence was insufficient to support his
conviction. We affirm.
A person commits second-degree murder by knowingly causing the death of another
person under circumstances manifesting extreme indifference to the value of human life.
Ark. Code Ann. § 5-10-103(a)(1) (Repl. 2006). When reviewing a challenge to the
sufficiency of the evidence, we view the evidence in a light most favorable to the State,
considering only the evidence that supports the verdict. See, e.g., Whitt v. State, 365 Ark.
580, ___ S.W.3d ___ (2006). We will affirm a judgment of conviction if substantial
evidence exists to support it, which is evidence of sufficient force and character that it will,
with reasonable certainty, compel a conclusion one way or the other, without resorting to
speculation or conjecture. Id. Furthermore, circumstantial evidence may constitute
substantial evidence to support a conviction. Id. To be substantial, the circumstantial
evidence must exclude every other reasonable hypothesis than that of the guilt of the accused.
Id. The question of whether the circumstantial evidence excludes every other reasonable
hypothesis consistent with innocence is for the jury to decide. Id. Upon review, this court
must determine whether the jury resorted to speculation and conjecture in reaching its
Frances Robinson testified that on June 15, 2005, she was a passenger in an extended-
cab truck driven by the victim, Jessie Howard. Persons identified at trial as appellant and