What is the test for reversal of a jury verdict in a motion where a defendant is found not guilty of assault but convicted of assault by reason of negligence?

California, United States of America


The following excerpt is from People v. Hunter, B263077 (Cal. App. 2016):

demonstrating that the crowd or the estimated distances would necessarily preclude identifying defendant, or demonstrating that the officer's flashlight insufficiently illuminated defendant while he ran and discarded the firearm. "[S]peculation, conjecture, surmise, suspicion, and the like . . . cannot rise to the dignity of an inference. [Citations.]" (People v. Massie (2006) 142 Cal.App.4th 365, 374.) Moreover, reversal cannot be justified by conflicting inferences, even if they are equally reasonable as those drawn by the jury. (People v. Ceja (1993) 4 Cal.4th 1134, 1139.) It follows that reversal cannot be justified by defendant's speculation that circumstances would support findings contrary to those made by the jury.

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