What is the test for establishing an ultimate inference?
California, United States of America
The following excerpt is from People v. Hogue, E062369 (Cal. App. 2016):
1. Defendant states: "If all of the evidence presented is consistent with either the existence or nonexistence of an ultimate inference, it establishes neither, and '"as a matter of law, must go against the party upon whom rests the necessity of sustaining one of these inferences as against the other."' (People v. Allen (1985) 165 Cal.App.3d 616, 626.)"
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