Legal Opinion

People v. Foster

California Court of Appeal

Decided September 15, 1961No. Crim. 1480PublishedCited by 13 opinions

1Opinion of the CourtCoughlin, J.

The defendant was charged with, tried by a jury for, and convicted of the offense of burglary, i.e., a violation of section 459 of the Penal Code; was sentenced to imprisonment in the state prison; and appeals from the judgment.

As a general rule, on appeal it is assumed that, in the absence of some legal impediment, the jury accepted that evidence which supports their verdict and rejected that evidence which would support a contrary verdict. (Thomas v. Hunt Mfg. Corp., 42 Cal.2d 734, 736 [269 P.2d 12]; People v. Newland, 15 Cal.2d 678, 681 [104 P.2d 778]; Glassell v. Prentiss, 175 Cal.App.2d…

2Cases cited20 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Powell v. AlabamaSupreme Court of the United States · 1932
  3. Von Moltke v. GilliesSupreme Court of the United States · 1948
  4. People v. NewlandCalifornia Supreme Court · 1940
  5. People v. DaughertyCalifornia Supreme Court · 1953

15 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Borgen v. StateCourt of Special Appeals of Maryland · 1984
  2. People v. MitchellCalifornia Court of Appeal · 1962
  3. Oldenkott v. American Electric, Inc.California Court of Appeal · 1971
  4. People v. RobertsCalifornia Court of Appeal · 1963
  5. People v. PrattCalifornia Court of Appeal · 1962

8 more not listed; retrieve them via the Exa API.

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