What is the test for a motion for judgment notwithstanding a finding that a defendant has been found guilty of sexual assault?

California, United States of America


The following excerpt is from Fletcher v. San Jose Mercury News, 216 Cal.App.3d 172, 264 Cal.Rptr. 699 (Cal. App. 1989):

1 Because we affirm the trial court's order granting the motion for judgment notwithstanding the verdict, we need not consider the appeal from the order granting a new trial since it is rendered moot. (Code Civ.Proc., 629; Conner v. Utah Const. & Min. Co. (1965) 231 Cal.App.2d 263, 41 Cal.Rptr. 728.)

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