California, United States of America
The following excerpt is from People v. Echevarria, 11 Cal.App.4th 444, 13 Cal.Rptr.2d 840 (Cal. App. 1992):
4. In a jury trial all questions of fact are to be decided by the jury. (Evid.Code, 312.) If their finding is supported by substantial evidence it will not be disturbed. "(T)he claimed weaknesses of identification testimony are a matter of argument to the trier of fact and cannot properly be directed to this court or effectively urged on appeal." (People v. Johnson (1960) 187 Cal.App.2d 116, 122, 9 Cal.Rptr. 571.) There is substantial evidence to support the identification of appellant as the perpetrator in this case.
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