What is the proper test to determine insufficient evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Brown, 234 Cal.App.3d 918, 285 Cal.Rptr. 824 (Cal. App. 1991):

The proper test to determine a claim of insufficient evidence in a criminal case is whether a rational trier of fact could have found the elements of the crime beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 576-578, 162 Cal.Rptr. 431, 606 P.2d 738.) In making this determination, the appellate court " 'must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citations.].... '[O]ur task ... is twofold. First, we must resolve the issue in the light of the whole record.... Second, we must judge whether the evidence of each of the essential elements ... is substantial....' " (Id. at pp. 576-577, 162 Cal.Rptr. 431, 606 P.2d 738, original italics.)

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