What is the test for determining whether a jury convicted a defendant of assault based on whether the jury believed he struck his girlfriend with a club?

California, United States of America


The following excerpt is from People v. Clark, C083681 (Cal. App. 2018):

defendant did not testify at trial and only called his estranged wife to testify as to his character, his guilt turned on whether the jury believed the victim. In closing argument, defendant argued the evidence did not show that he struck his girlfriend with a club. He reasoned that, if he had done so, there would have been blood on the club and his girlfriend would have suffered more severe injuries. On this record, we cannot say the trial court's decision was arbitrary, capricious, or the result of whimsical thinking such that it exceeded the bounds of reason. (People v. Henderson, supra, 187 Cal.App.3d at p. 1268.)

Other Questions


What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant acted in self-defense against an assault victim who had been threatened or assaulted prior to the assault? (California, United States of America)
What factors will a court consider when determining whether to award concurrent or consecutive terms to a defendant who has been convicted of assault and assault? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
What is the test for determining whether the trial court erred in instructing the jury to convict a defendant of assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.