What is the test for a motion for a new trial when evidence is not considered in the light most favorable to the prosecution?

[188 Cal.App.2d 632] On appeal from an order granting accused's motion for new trial, evidence is not viewed in the light most favorable to the prosecution, but the presumptions favor the order. People v. Brown, 79 Cal.App.2d 383, 179 P.2d 652. The weight of the evidence is for the jury in the first instance and for the trial court after the jury has concluded its deliberations and a verdict has been reached, and does not come within the province of the reviewing court. People v. Jackson, 74 Cal.App.2d 22, 167 P.2d 776.

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