What is the test for a jury to determine whether a defendant has been successful in a sexual assault case?
California, United States of America
The following excerpt is from People v. Alvarado, C081154 (Cal. App. 2019):
inconsistent with the defendant's theory of the case." (Ibid.; see generally, People v. Breverman (1998) 19 Cal.4th 142, 157.) The evidence must be sufficient to deserve consideration by the jury. (People v. Williams (1992) 4 Cal.4th 354, 361.)
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