What is the test for determining whether a motion for acquittal of a charge of sexual assault has been successful?

MultiRegion, United States of America

The following excerpt is from U.S. v. Alviso, 152 F.3d 1195 (9th Cir. 1998):

In reviewing a denial of a motion for acquittal, we consider whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the contested element beyond a reasonable doubt. United States v. Ladum, 141 F.3d 1328, 1337 (9th Cir.1998), petition for cert. filed, --- U.S.L.W. ---- (U.S. July 16, 1998) (No. 98-5309). With respect to the date, the government need prove only that the defendant was physically located "reasonably near" the date specified in the indictment. See United States v. Tsinhnahijinnie, 112 F.3d 988, 991 (9th Cir.1997) ("The government ordinarily need prove only that the crime occurred on a date reasonably near the one alleged in the indictment, not on the exact date."). Here, the evidence permitted the jury to find that the government had physically located defendant "reasonably near" July 10, 1995.

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