What is the test for admissibility of circumstantial evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Bouapha, H041069 (Cal. App. 2016):
As with other circumstantial evidence, the admissibility of evidence pursuant to Evidence Code section 1101, subdivision (b) "depends on the materiality of the fact sought to be proved, the tendency of the prior crime to prove the material fact, and the existence or absence of some other rule requiring exclusion. [Citation.]" (People v.
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Whisenhunt (2008) 44 Cal.4th 174, 203.) "We review for abuse of discretion a trial court's rulings on the admissibility of evidence. [Citations.]" (People v. Benavides (2005) 35 Cal.4th 69, 90.)
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