What is the test for appeal against a finding of not guilty?

California, United States of America


The following excerpt is from Jun Ki Kim v. True Church Members of the Holy Hill Cmty. Church, 187 Cal.Rptr.3d 515, 236 Cal.App.4th 1435 (Cal. App. 2015):

To this appeal, like every other, we apply basic tenets prescribing the scope and limits of appellate review, starting with the most fundamentalthe presumption of correctness. An appealed judgment is presumed to be correct. We will indulge all intendments and presumptions to support the judgment on matters as to which the record is silent and prejudicial error must be affirmatively shown. [Citations.] (Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 267 [88 Cal.Rptr.3d 186].)

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