California, United States of America
The following excerpt is from People v. Moore, 211 Cal.App.3d 1400, 260 Cal.Rptr. 134 (Cal. App. 1989):
Defendant makes two claims of insufficiency as to the sodomy counts. First, he argues there simply is no substantial evidence there were three incidents of sodomy. After M. described the act, as delineated ante, the prosecutor asked her, "About how many times did he try that?" M. responded, "Three." She had the same feelings, earlier described, each time he did this. Defendant focuses on the form of the prosecutor's question, specifically the query, "About how many times...." This, he asserts, provides no basis other than speculation or conjecture to support a conclusion there were three separate acts; thus, there is no substantial evidence, i.e., that which is solid and credible, to support three convictions. (People v. Barnes (1986) 42 Cal.3d 284, 303, 228 Cal.Rptr. 228, 721 P.2d 110.)
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