People v. Bard

In People v. Bard (1968) 70 Cal.2d 3, the complaining witness awoke at 2:55 a.m. to find the defendant fondling her in bed. (Id. at p. 4.) She later found that a screen on the bathroom window had been removed. (Ibid.) The court in Bard found sufficient evidence to support burglary under a theory that the defendant entered the home with intent to commit rape, despite the defendant's claim that it was "just as consistent" to conclude based upon the evidence that he entered with the intent to seduce the victim and have consensual sex with her. (Id. at pp. 5--6.) The court reasoned: "It is not the function of this court to determine whether a different finding would be just as reasonable as the one the trial court made; rather, this court simply determines whether there is substantial evidence, including inferences reasonably deduced from the facts in evidence, to support the finding actually made." (Id. at p. 6.)