What is the test for a jury to convict appellant of assault by means likely to produce great bodily injury upon a peace officer?
California, United States of America
The following excerpt is from People v. Winston, B226693 (Cal. App. 2011):
We conclude, after an examination of the record as a whole, and viewing the facts in the light most favorable to the prosecution, that a rational trier of fact could have found all of the elements of the offense of assault by means likely to produce great bodily injury upon a peace officer beyond a reasonable doubt. ( 245, subd. (c); Jackson v. Virginia (1979) 443 U.S. 307, 319.) The blow inflicted by appellant was likely to produce great bodily injury and did inflict the injury described ante. Because sufficient evidence
Page 7
supports the verdict, appellant was not deprived of his constitutional right to due process of law.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
