What is the test for a jury to determine whether a defendant has met their burden of proof based only on evidence presented at trial?

California, United States of America


The following excerpt is from People v. Averhart, D073641 (Cal. App. 2019):

told the jury "that it must consider only the evidence presented at trial in determining whether the People have met their burden of proof," i.e., that "the People may not meet their burden of proof based on evidence other than that offered at trial." (People v. Westbrooks (2007) 151 Cal.App.4th 1500, 1509.)41

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