What is the test for determining whether a conviction or acquittal is a miscarriage of justice?

California, United States of America

The following excerpt is from People v. Corrigan, 310 P.2d 953, 48 Cal.2d 551 (Cal. 1957):

'Conviction or acquittal may equally be the result of a miscarriage of justice. In either event a fundamental right of the People or of the defendant has been disregarded or denied. It is an essential part of justice that the question of guilt or innocence shall be determined by an orderly legal procedure, in which the substantial rights belonging both to the People and the defendant shall be respected. People v. Long, 63 Cal.App.2d 679, 147 P.2d 659.

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