How have courts dealt with the insufficiency of evidence claim?

California, United States of America


The following excerpt is from People v. O'Connor, 10 Cal.Rptr.2d 530, 8 Cal.App.4th 941 (Cal. App. 1992):

Although appellant makes an insufficiency of evidence claim, his arguments are essentially legal not factual. Accordingly, we summarize the evidence, with a perspective favoring the judgment (People v. Barnes (1986) [8 Cal.App.4th 945] 42 Cal.3d 284, 303, 228 Cal.Rptr. 228, 721 P.2d 110), and later consider each of those arguments.

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