What is the test for determining whether indirect evidence outweigh direct evidence?

California, United States of America


The following excerpt is from Trapani v. Holzer, 158 Cal.App.2d 1, 321 P.2d 803 (Cal. App. 1958):

Proposed instruction 25 is taken almost word for word from the Code of Civil Procedure, sections 1831, 1832, 1957, 1958, 1959, 1961. Instruction 26 states a settled principle, that the law makes no distinction as to the weight to be given to direct and indirect evidence. '[C]ircumstantial evidence may outweigh, in convincing force, * * * direct evidence * * *' Scott v. Burke, 39 Cal.2d 388, 398, 247 P.2d 313, 319.

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