Can a jury be convinced beyond a reasonable doubt that a defendant was conscious when he stabbed a victim?

California, United States of America


The following excerpt is from People v. Hogue, E062369 (Cal. App. 2016):

a reasonable doubt. [Citation.] Where circumstances reasonably justify a jury's findings of fact, a reviewing court's conclusion that such circumstances might also reasonably be reconciled with contrary findings does not justify reversal. [Citation.]" (People v. Mejia (2012) 211 Cal.App.4th 586, 602.) Thus, here, the jury could be convinced beyond a reasonable doubt by evidence that, in its view, made consciousness more likely, even if it could be reconciled with unconsciousness.

We therefore conclude that there was sufficient evidence that defendant was conscious when he stabbed the victim.

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