What is the test for setting aside a finding of fact?

California, United States of America


The following excerpt is from People v. S.M. (In re S.M.), B279804 (Cal. App. 2018):

On appeal, we must accept logical inferences that the finder of fact might have drawn from the circumstantial evidence. (People v. Maury (2003) 30 Cal.4th 342, 396.) "Before the judgment of the trial court can be set aside for the insufficiency of the evidence, it must clearly appear that on no hypothesis whatever is there sufficient substantial

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evidence to support the verdict of the [finder of fact]." (People v. Hicks (1982) 128 Cal.App.3d 423, 429.)

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