What is the test for presenting evidence sufficient to be considered by a jury in a sexual assault case?
California, United States of America
The following excerpt is from People v. Kekona, E061905 (Cal. App. 2016):
presented, no matter how weak. [Citation.] Rather, the accused must present 'evidence sufficient to deserve consideration by the jury, i.e., evidence from which a jury composed of reasonable men could have concluded that the particular facts underlying the instruction did exist. [Citation.]'" (People v. Strozier (1993) 20 Cal.App.4th 55, 63.)
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