People v. West
The PEOPLE, Respondent, v. ROBERT WEST, Appellant
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Alameda County
- Trial judge
- F. B. Ogden
- Outcome
- affirmed — order are affirmed.
- Area
- criminal
- Panel
- The Court. — (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
THE COURT.
This is an appeal by the defendant from a judgment and order denying a new trial, the conviction being for the crime of rape. In support of the appeal it is-urged that the evidence is insufficient to sustain the verdict, this contention being based upon the alleged inherent improbability of the evidence.
We have read the record and considered it carefully, and are satisfied that while an argument might be made against the truthfulness of the testimony, it fails when made against its inherent probability. The mere fact that it is.unusual and out of the ordinary to encounter the situation described in the record does not make it absolutely and inherently improbable. We do not see upon the whole case that the evidence is inherently incredible and improbable; on the contrary, the story in its entirety may well be true. In parts perhaps it is doubtful, and might be made the foundation of a strong argument to the jury that the complaining witness was not to be believed. That argument doubtless was made to the jury and considered by it, but such an argument cannot be considered by this court.
The judgment and order are affirmed.