What is the test for acquitting a defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Bakhtiari, G038923 (Cal. App. 12/23/2008), G038923. (Cal. App. 2008):

"`Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court[,] which must be convinced of the defendant's guilt beyond a reasonable doubt. If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment.' [Citations.]" (People v. Perez (1992) 2 Cal.4th 1117, 1124.)

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