What is the test for overturning a jury's verdict in a sexual assault case?

California, United States of America


The following excerpt is from Moore v. City & County of San Francisco, 5 Cal.App.3d 728, 85 Cal.Rptr. 281 (Cal. App. 1970):

The trial court has the power to grant a new trial even though the evidence might justify a verdict. (Gustason v. Speak (1927) 85 Cal.App. 18, 20, 258 P. 725.) It is the trial judge's duty to set aside the jury's verdict whenever his conscience

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