What is the test for a jury to acquit a defendant if it finds that the object displayed was a firearm?
California, United States of America
The following excerpt is from People v. Thrower, F062872 (Cal. App. 2013):
interpretations, there was substantial evidence to support the interpretation chosen by the jury, i.e., that the object displayed was a firearm. (People v. Stanley (1995) 10 Cal.4th 764, 792-793 ["'Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, . . . it is the jury, not the appellate court[,] which must be convinced of the defendant's guilt beyond a reasonable doubt'"].)
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