What is the test for a jury to determine that the polygraph test was unfavorable to appellant?

Appellate review must determine if it is reasonably probable that a result more favorable to the appellant would have been reached in the absence of such error. (People v. Schiers (1971) 19 Cal.App.3d 102, 109, 96 Cal.Rptr. 330.) With reference to what was disclosed to the jury on the issue of the polygraph test, nothing was heard which would have led the jury to conclude that the test was unfavorable to appellant. Nothing that the jury heard indicated that the appellant refused to take the test. The contents of the tapes indicated that he took the test freely and [78 Cal.App.3d 40] voluntarily. The jury also heard from the appellant that he passed the test. ² True, all of these references to a polygraph test and its results

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