[Spunky]

The appeal can only question whether the evidence was legally obtained and the trial properly conducted.

There can be other reasons for an appeal.

I know a person who on the first trial it was a hung jury. The second trial the jury found that person guilty. The defense lawyer filed an appeal based on the fact that he (the lawyer)failed to put a witness on his witness list for the second trial that was on the witness list for the first trial. This witness was important for the defense. The Superior Court did not overturn the guilty verdict based on this reason. They said there was no evidence that was the reason the jury came with a guilty verdict the second time, because in the second trial the lawyer also never put the accused on to testify which he did in the first trial.

[js1138]

What part of your example is not covered by the phrase, "and the trial properly conducted"?

If evidence is improperly withheld from a trial, the appeals court will ask for a retrial.

But the appeals court cannot (usually) second guess the jury on the truthfulness of witnesses or the sufficiency of evidence to prove the case.