What is the test for a jury to overturn a finding of false testimony?

California, United States of America


The following excerpt is from People v. Hayashi, A142434 (Cal. App. 2016):

falsity of the facts upon which a determination depends . . . ." ' [Citations.] Thus, if the verdict is supported by substantial evidence, this court must accord due deference to the trier of fact and not substitute its evaluation of a witness's credibility for that of the fact-finder." (People v. Barnes (1986) 42 Cal.3d 284, 303-304.) " ' "To warrant the rejection of the statements given by a witness who has been believed by the [trier of fact], there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends." ' " (Id. at p. 306.)

1. Background

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