Section 1833

Citation: Section 1833
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

Full Text

784 chars

With reference to one of the alleged acts of sexual intercourse defendant asserts that Miss Berry's evidence was so improbable and incredible that none of her testimony can be believed. It may be said that the facts related by her concerning that occasion are not such as might be expected, but people do unusual things in unusual circumstances. The performances of desirous and adventurous persons cannot always be rationalized. Quaint though the episode may appear, the jury, presumably composed of experienced persons, must have believed her statements, and merely because the incident as described may have been unique and extraordinary an appellate court will not say that her testimony is incredible. Notwithstanding defendant's critique the jury believed Miss Berry's evidence.

Other Sections in This Document (106)

Full Text