What is the test for setting aside a judgment in a sexual assault case?

California, United States of America


The following excerpt is from Tobler v. Chapman, 107 Cal.Rptr. 614, 31 Cal.App.3d 568 (Cal. App. 1973):

The case is governed by Switzer v. State of California, supra, wherein the court stated: 'Article VI, section 13 of the California Constitution provides: 'No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.'

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