Is insufficient evidence sufficient to invalidate a conviction?
California, United States of America
The following excerpt is from People v. Pennington, 221 Cal.Rptr.3d 448, 3 Cal.5th 786, 400 P.3d 14 (Cal. 2017):
the theory were presented to the jury." ( McCormick v. United States (1991) 500 U.S. 257, 270, fn. 8, 111 S.Ct. 1807, 114 L.Ed.2d 307.) But it does not follow that this court must invalidate a conviction on the ground of insufficient evidence because the jury was not asked to apply the correct standard at trial, regardless of whether the trial evidence was, in fact, sufficient to meet that
[3 Cal.5th 806]
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