An appellate court on a rehearing appeal from a Magistrate's conviction must first demonstrate error before departing from the Magistrate's findings of fact, and must make due allowance for the Magistrate's advantage in seeing and hearing witnesses. A finding that a mistake was merely 'possible' does not equate to a finding that the prosecution failed to prove its case beyond reasonable doubt. Factual decisions in other proceedings involving generally similar facts cannot be relied upon to resolve factual questions in the case at hand.
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