What is the test for rejection by a reviewing court of statements given by a witness who has been believed by the trial court?
California, United States of America
The following excerpt is from People v. Jones, 10 Cal.App.3d 237, 88 Cal.Rptr. 871 (Cal. App. 1970):
'To warrant the rejection by a reviewing court of 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 it must be such as to shock the moral sense of the court; it must be inherently improbable and such inherent improbability must plainly appear.' (People v. Perrin, 247 Cal.App.2d 838, 844, 55 Cal.Rptr. 847, 851.)
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