What is the test for a jury to decide whether to accept or reject an allegation of sexual assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Anglada, 524 F.2d 296 (2nd Cir. 1975):
Id. at 958. In United States v. Dehar, 388 F.2d 430, 433 (2d Cir. 1968), we made clear that in deciding whether a jury question is raised, the trial judge must consider the evidence in the light most favorable to the defendant. And in United States v. Viviano, 437 F.2d 295 (2d Cir.), cert. denied, 402 U.S. 983, 91 S.Ct. 1659, 29 L.Ed.2d 149 (1971), we discussed what kinds of evidence the
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