Kernrechtsfrage
Whether the defendant could rely on Article 8 CC to challenge the cantonal court's evidentiary assessment in a reform appeal.
Extrahierter Entscheid
The complaint actually attacked the cantonal court's anticipatory assessment of evidence, which is not admissible in a reform appeal.
Extrahierte Begründung
The same evidentiary argument had already been rejected in the parallel public-law appeal; therefore it could not be reviewed here under Article 63(2) OJ.