Is insufficient evidence sufficient to overturn a conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Koua Xiong, F062474 (Cal. App. 2013):

Considering this evidence in addition to the substantial DNA evidence, the evidence supporting defendant's conviction was more than sufficient. "An 'appellate court's reversal for insufficiency of the evidence is in effect a determination that the government's case against the defendant was so lacking that the trial court should have entered a judgment of acquittal.' [Citation.]" (McDaniel v. Brown, supra, 558 U.S. at p. 131.) Defendant was not entitled to a judgment of acquittal here, nor is he entitled to reversal for insufficient evidence on appeal.

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What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence? (California, United States of America)
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence? (California, United States of America)
Is insufficient evidence sufficient to overturn a conviction for sexual assault? (California, United States of America)
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence? (California, United States of America)
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