What is the general rule of the Court of Appeal on appeal against a finding of not guilty?

California, United States of America


The following excerpt is from Barnthouse v. California Steel Buildings Co., 215 Cal.App.2d 72, 29 Cal.Rptr. 835 (Cal. App. 1963):

'As has so frequently been said, it is the general rule that on appeal an appellate court (1) will view the evidence in the light most favorable to the respondent; (2) will not weigh the evidence; (3) will indulge all intendments and reasonable inferences which favor sustaining the finding of the trier of fact; and (4) will not disturb the finding of the trier of fact if there is substantial evidence in the record in support thereof.' (Berniker v. Berniker, 30 Cal.2d 439, 444, 182 P.2d 557, 561.)

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