What is the test for determining the credibility of a witness in a criminal case?

California, United States of America


The following excerpt is from People v. McMiller, B268622 (Cal. App. 2018):

When an appellant challenges the sufficiency of the evidence to support a criminal conviction, "we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Stanley (1995) 10 Cal.4th 764, 792.) "Although we must ensure the evidence is reasonable, credible,

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and of solid value, nonetheless it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts on which that determination depends." (People v. Jones (1990) 51 Cal.3d 294, 314.) It "is not a proper appellate function to reassess the credibility of the witnesses." (Id. at pp. 314-315.)

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