What is the test for reversing a jury's verdict in a murder case?

California, United States of America


The following excerpt is from People v. Villalpando, C087324 (Cal. App. 2020):

credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.] We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence. [Citation.]' ([People v.] Maury [(2003) 30 Cal.4th 342,] 403.) A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict. (People v. Bolin (1998) 18 Cal.4th 297, 331.)" (Ibid.)

"Murder is the unlawful killing of a human being . . . with malice aforethought." ( 187, subd. (a).) Malice aforethought may be express or implied. ( 188.) " 'Express malice is an intent to kill. . . . Malice is implied when a person willfully does an act, the natural and probable consequences of which are dangerous to human life, and the person knowingly acts with conscious disregard for the danger to life that the act poses.' " (People v. Beltran (2013) 56 Cal.4th 935, 941-942.)

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