What is the test for establishing that facts can be proven and purpose can be proved?
California, United States of America
The following excerpt is from People v. Wilson, C067640, Super. Ct. No. 09F01582 (Cal. App. 2012):
that the facts could be proved, and a purpose to prove them, if their existence should be denied." (People v. Perez (1962) 58 Cal.2d 229, 241, overruled on another ground in People v. Green (1980) 27 Cal.3d 1, 27-34; People v. Mooc (2001) 26 Cal.4th 1216, 1233-1234.)
It is this second principle that governs here.
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