This quote refers to the appellate standard of review for denial of defendant's motion directed verdict, which a competent defense attorney will make after the close of the prosecution's case, and subsequent motion for new trial, which motion is actually the basis for the appeal. Come to think of it, the quote basically states the standard of review on appeal in most states for motion for new trial after denial of directed verdict and/or j.n.o.v. in civil trials, substituting "verdict" for "prosecution". On the criminal side, I do not think that a jury instruction based on the quote would pass constitutional muster. The state in which I was an assistant prosecuting attorney does not have such a jury instruction.

In fact, jurors in the large city in which I prosecuted were mostly skeptical of police testimony. One police unit always audiotaped undercover drug buys for prosecuting illegal sale/distribution cases. I loved to try those cases, especially when the unit was also able to film or photograph the buy. But in routine gun or drug trials, police credibility was the main issue, and an uphill battle for the prosecutor.