What is the law on the duty of a judge in determining whether there is insufficient or insufficient evidence?
Saskatchewan, Canada
The following excerpt is from Stadel v. Albertson, 1954 CanLII 210 (SK CA):
The law as to the duty of the Judge in such circumstances is too well settled and has been settled too long to admit of any controversy. It was laid down by Maule J. in 1853 in the case of Jewell v. Parr, 13 C.B. 909 at p. 916, 138 E.R. 1460, that the trial Judge must decide "not whether there is literally no evidence, but whether there is none that ought reasonably to satisfy the jury that the fact sought to be proved is established". If not, he should withdraw it from the jury.
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