What is the test for finding a defendant guilty of committing an act of sexual assault against another defendant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Howard, 26 F.3d 134 (9th Cir. 1994):
(1) the other act evidence must tend to prove a material point; (2) the other act must not be too remote in time; (3) the evidence must be sufficient to support a finding that the defendant committed the other act; and (4) in some cases, the other act must be similar to the act charged.
United States v. Bibo-Rodriguez, 922 F.2d 1398, 1400 (9th Cir.), cert. denied, 111 S.Ct. 2861 (1991).
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