What is the test for accepting and rejecting evidence that contradicts the findings of a jury?

California, United States of America


The following excerpt is from People v. Gardner, 128 Cal.App.2d 1, 274 P.2d 908 (Cal. App. 1954):

1 Pursuant to settled rules the record is viewed in the light most favorable to sustaining the findings of the trial jury. Where there is a conflict in the evidence, the evidence most favorable to sustaining the judgment is accepted as true and contrary evidence disregarded. (See People v. Renek, 105 Cal.App.2d 277, 281, 233 P.2d 43.)

2 Penal Code, section 686, reads in part as follows:

'In a criminal action the defendant is entitled: * * *

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