Legal Opinion
United States v. Clotilda Calderon Rojas
Court of Appeals for the Ninth Circuit
Decided May 1, 1972No. 71-2250PublishedCited by 15 opinions
1Per curiam
Appellant was tried and convicted in the district court, sitting without a jury, for misapplication of bank funds (18 U.S.C. § 656).
Appellant contends that the evidence was insufficient, in that it “did not exclude every hypothesis but guilt.” As this court held in Sablan v. Peo. of Guam, 434 F.2d 837, 839 (9th Cir. 1970), “[T]he proper test is not whether the evidence excludes every hypothesis except that of guilt, but rather, ‘whether the [trier of fact] could reasonably arrive at [its] conclusion’.” See United States v. Nelson, 419 F.2d 1237, 1243 (9th Cir. 1969). Although appellant’s…
2Cases cited3 opinions
- United States v. Roy Arthur NelsonCourt of Appeals for the Ninth Circuit · 1969
- Orlando Fernandez-Delgado v. United StatesCourt of Appeals for the Ninth Circuit · 1966
- David Lujan Sablan v. People of the Territory of GuamCourt of Appeals for the Ninth Circuit · 1970
3Cited by15 opinions
- United States v. Kenneth Joe Whitten, John Elmer Gaiefsky, Jack Wayne Gish, Richard Lawrence ShimelCourt of Appeals for the Ninth Circuit · 1983
- United States v. Robert L. Beecroft, Arthur T. Harrison, James F. Hennig, and Delbert L. RogersCourt of Appeals for the Ninth Circuit · 1979
- United States v. John Robert Heck, Jr.Court of Appeals for the Ninth Circuit · 1974
- United States v. Tommy Joe Coplen, United States of America v. Henry Valentin Valenzuela, United States of America v. John Balmer McKittrickCourt of Appeals for the Ninth Circuit · 1976
- State v. BodtkeNebraska Supreme Court · 1985
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