Where the critical issue is whether an accused perceived a fact (such as police identification), the appellate court may independently assess whether the inference was open based on the objective circumstances, even where the jury accepted the credibility of prosecution witnesses. The fact that police officers identified themselves does not necessarily establish beyond reasonable doubt that the accused heard and understood that identification, particularly where the incident was brief, dynamic, and occurred in circumstances where neither officer heard the other's identification. A prosecutor's submission unsupported by evidence in final address may be cured by clear judicial direction.
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