What is the test for a jury to determine there was a reasonable doubt that there was penetration?
California, United States of America
The following excerpt is from People v. Aguirre, F060240, Super. Ct. No. VCF213828 (Cal. App. 2011):
however, and not from the parties' theories of the case. (People v. Barton (1995) 12 Cal.4th 186, 203.) Thus, appellant now contends there was "a mountain of evidence from which the jury could have concluded there was a reasonable doubt" that penetration actually occurred.
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