Is there any case law supporting the argument that the implied findings of the jury were improbable?

California, United States of America


The following excerpt is from Helmick v. Thomas, 187 Cal.App.2d 395, 9 Cal.Rptr. 512 (Cal. App. 1960):

Plaintiff argues that the implied findings of the jury are inherently improbable. This contention is without merit. 'To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must [187 Cal.App.2d 400] exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions.' People v. Huston, 21 Cal.2d 690, 693, 134 P.2d 758, 759. Clearly such is not the case with respect to defendants' testimony herein.

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