Again, I think that's a false dilemma. If the defense's theory is disproven, the state doesn't get to win by default. I know what you're saying about the body of the crime, but every case is unique and in this one there is very little evidence of what actually happened the day the crime was committed. In cases where people have been convicted of 1st degree murder there is often times extremely strong evidence that they were planning or plotting prior to the disappearance, evidence consistent with a planned murder and cover up. Here you have some possible evidence of premeditation three months prior, but nothing that ties Casey to chloroform any nearer to the crime. You have duct tape which may or may not have been placed prior to Caylee's and a very bizarre and disjointed disposal and cover up. It's too much and too little at the same time. I don't think it will be hard to get a manslaughter conviction, at minimum, but I think they might have a hard time with 1st degree murder. I don't know, maybe they would have an easier time convicting her if the body had never been found. ( No disrespect to Caylee meant, I'm glad she was found and laid to rest properly)