California, United States of America
The following excerpt is from People v. Iniguez, 30 Cal.Rptr.2d 258, 7 Cal.4th 847, 872 P.2d 1183 (Cal. 1994):
The test on appeal for determining if substantial evidence supports a conviction is whether " 'a reasonable trier of fact could have found the prosecution sustained its burden of proving the defendant guilty beyond a reasonable doubt.' " (People v. Johnson (1980) 26 Cal.3d 557, 576, 162 Cal.Rptr. 431, 606 P.2d 738.) In making this determination, we " 'must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' " (Ibid.)
Prior to 1980, section 261, subdivisions 2 and 3 "defined rape as an act of sexual intercourse under circumstances where the person resists, but where 'resistance is overcome by force or violence' or where 'a person is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution....' " (People v. Barnes (1986) 42 Cal.3d 284, 292, 228 Cal.Rptr. 228, 721 P.2d 110 [Barnes ]; Stats.1979, ch. 994, 1, p. 3383.) Under the former law, a person was required to either resist or be prevented from resisting because of threats. (Barnes, supra, 42 Cal.3d at p. 295, 228 Cal.Rptr. 228, 721 P.2d 110.)
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.