What is the test for a jury to convict a defendant based solely on circumstantial evidence?

California, United States of America


The following excerpt is from People v. Thomas, 151 Cal.Rptr. 483, 87 Cal.App.3d 1014 (Cal. App. 1979):

Defendant argues that in view of the duty of the trial court to instruct the jury on general principles of law relevant to the facts of the case (People v. Sedeno (1974) 10 Cal.3d 703, 715-716, 112 Cal.Rptr. 1, 518 P.2d 913), the court below erred in that it failed to instruct the jury that a conviction could be based on circumstantial evidence only if that evidence was irreconcilable with any other rational conclusion (CALJIC 2.01).

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