What is the test for sustaining a jury's verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. Osslo, 310 P.2d 1020 (Cal. App. 1957):

It is the function of the jury in the first instance, and of the trial court after verdict, to determine what facts are established by the evidence, and before the verdict of the jury, which has been approved by the trial court, can be set aside on appeal upon the ground of insufficiency of the evidence, it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the conclusion reached in the court below. We must assume in favor of the verdict the existence of every fact which the jury could have reasonably deduced from the evidence, and then determine whether such facts are sufficient to support the verdict. People v. Mazza, 135 Cal.App.2d 587, 596, 287 P.2d 798. Viewing the entire record before us in accordance with these rules, we conclude that the verdict and judgment are sustained by the evidence.

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