Consternation in Allegiance of the Improbable, a Consequential Exploration
By , 02 March, 2024
- The rule of inherent improbability or physical impossibility on which defendant relies has been stated thusly:
- " 'Although an appellate court will not uphold a judgment or verdict based upon evidence inherently improbable, testimony which merely discloses unusual circumstances does not come within that category.
- To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions.
- Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. ' "
- (People v. Lyons (1956) 47 Cal.2d 311, 319-320.)
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