What is the test for "insufficiency of evidence" at the Court of Appeal?

California, United States of America


The following excerpt is from Ballard v. Augustine, 171 Cal.App.2d 206, 339 P.2d 859 (Cal. App. 1959):

'The function of and limitation upon an appellate tribunal in the determination of a claim of 'insufficiency of the evidence' is thus enunciated in Bedford v. Pacific S. W. Corp., 121 Cal.App. 162, 163, 8 P.2d 558, 559:

Other Questions


How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
When a defendant contends the evidence was insufficient to prove one or more elements of the crime, what is the role of the Court of Appeal in reviewing the evidence? (California, United States of America)
When a defendant argues on appeal that the evidence is insufficient to support their conviction, how does the court review the evidence? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.