What is the test for determining whether a defendant has been found guilty on a single count of sexual assault?

California, United States of America


The following excerpt is from People v. De Priest, 2 Cal.App.3d 423, 82 Cal.Rptr. 526 (Cal. App. 1969):

Furthermore, each count must stand upon its own merit and be weighed separately in its disposition (People v. Codina (1947) 30 Cal.2d 356, 361, 181 P.2d 881), even though the respective verdicts may be legally inconsistent.

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