California, United States of America
The following excerpt is from People v. Miller, 145 Cal.App.2d 473, 302 P.2d 603 (Cal. App. 1956):
'* * * To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions.' Even testimony which is subject to justifiable suspicion does not warrant a reversal of a judgment, for it is the exclusive province of the trier of fact to determine the truth or the falsity of the facts upon which a determination depends. People v. Huston, supra, 21 Cal.2d at page 693, 134 P.2d at page 759. While the alleged variances and inconsistencies in the minor's testimony may have afforded opportunity for an argument to [145 Cal.App.2d 479] the trial judge against the reliability of her testimony, we find nothing in them from which a reviewing court could justly conclude that her entire testimony is per se unbelievable and that it was therefore the court's duty not only to disregard it but to accept appellant's denial thereof. The gist of the prosecutrix' narrative was that appellant and the former's mother frequently slept together and that on one occasion the witness observed them in an act of sexual intercourse. We fail to see wherein this testimony can be strictured as physically impossible or even
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