Is a defendant's motive a factor in determining whether they intended to kill the victim?

California, United States of America


The following excerpt is from People v. Wilson, E058507 (Cal. App. 2015):

14. Motive is not an element of murder, but "motive is often probative of intent to kill." (People v. Smith (2005) 37 Cal.4th 733, 740-741.) For example, circumstances may provide a motive for a defendant wanting to shoot the victim, which is probative of whether the defendant shot the victim with an intent to kill. (Id. at p. 741.)

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