Is there any case law where a jury has been asked whether there is evidence that the accused planned the killing in advance?

California, United States of America


The following excerpt is from People v. Gonzalez, E052704 (Cal. App. 2012):

place between the victim and the accused before the fatality may be sufficient to raise a reasonable doubt in the minds of the jurors regarding whether the accused planned the killing in advance.' [Citation.]" (Id. at pp. 1295-1296.) In People v. Steele (2002) 27 Cal.4th 1230, 1253, for example, the defendant introduced "evidence that he was intoxicated, that he suffered various mental deficiencies, that he had a psychological dysfunction due to traumatic experience in the Vietnam War, and that he just 'snapped' when he heard [a] helicopter . . . ." The court stated that evidence "may have satisfied the subjective element of heat of passion." (Ibid.)

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