What is the test for determining whether the evidence is sufficient to allow a jury to convict a defendant by a preponderance?
California, United States of America
The following excerpt is from People v. Valerio, B260150 (Cal. App. 2016):
(People v. McCurdy (2014) 59 Cal.4th 1063, 1097; see People v. Marshall (1996) 13 Cal.4th 799, 832 [explaining, in reference to Evidence Code section 403, that "the trial court must determine whether the evidence is sufficient to permit the jury to find the preliminary fact true by a preponderance of the evidence"].)
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