What is the test for a motion to dismiss a charge of assault brought by an appellant against two witnesses?
California, United States of America
The following excerpt is from Gordon J., In re, 108 Cal.App.3d 907, 166 Cal.Rptr. 809 (Cal. App. 1980):
The trial court found that beyond a reasonable doubt the appellant had been drinking at the time in question, which was a violation of his court ordered probation. It is well settled in California that one witness, if believed by the trier of fact, who is the sole judge of the credibility of the witnesses, is sufficient to sustain a verdict. (People v. Ozene, 27 Cal.App.3d 905, 910, 104 Cal.Rptr. 170.) In the instant case there were two witnesses.
We find the court properly denied appellant's motion to dismiss.
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