What evidence supports the finding of the jury that White knew or should have known that the victim was incapable of resisting sexual assault due to alcohol intoxication?
California, United States of America
The following excerpt is from People v. White, D060969 (Cal. App. 2017):
We conclude this evidence -- and the inferences that can be drawn from it (see People v. Wader (1993) 5 Cal.4th 610, 640) -- amply supports the finding of the jury that White knew or should have known the victim was incapable of resisting intercourse due to alcohol intoxication. But there is more.
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