California, United States of America
The following excerpt is from People v. Perry, 103 Cal.Rptr. 161, 499 P.2d 129, 7 Cal.3d 756 (Cal. 1972):
17 Redmon relies upon People v. Hall (1964) 62 Cal.2d 104, 110, 41 Cal.Rptr. 284, 287, 396 P.2d 700, 703, where we stated: "Implicit in our duty to determine the legal sufficiency of evidence to sustain a verdict is our obligation, in a proper case, to appraise the sufficiency and effect of admitted or otherwise indubitably establish facts as precluding or overcoming, as as matter of law, inconsistent inferences sought to be derived from weak and inconclusive sources." Defendant cites no established facts which would, as a matter of law, preclude or overcome an inference that he participated in the crime of premeditated murder.
18 Redmon filed his brief before we held capital punishment to be unconstitutional in People v. Anderson (1972) 6 Cal.3d 628, 100 Cal.Rptr. 152, 493 P.2d 880.
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