Can a defendant appeal a finding that reasonable doubt may arise from a lack of evidence?
California, United States of America
The following excerpt is from People v. Weaver, A127271 (Cal. App. 2011):
Defendant immediately objected that the prosecutor was misstating the law, but was overruled by the trial court. Defendant contends the trial court's ruling was erroneous because, contrary to what the prosecutor argued to the jury, "reasonable doubt may arise from a lack of evidence. (See People v. Hill [(1998)] 17 Cal.4th [800,] 831832 [People v. Hill]."
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