What is the test for insubstantial evidence to support a charge of possession of cocaine base for sale?
California, United States of America
The following excerpt is from People v. Bailey, 1 Cal.App.4th 459, 2 Cal.Rptr.2d 204 (Cal. App. 1991):
Relying on People v. Adams, supra, 220 Cal.App.3d 680, 269 Cal.Rptr. 479, appellant argues the evidence is insufficient to support his conviction. In Adams we found insubstantial evidence to support the conviction of possession of cocaine base for sale because there was no evidence that the cocaine possessed by the defendant was cocaine base. We stated:
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