Under what circumstances will a jury uphold a conviction of second degree murder?

California, United States of America


The following excerpt is from People v. Anguiano, F070340 (Cal. App. 2017):

The appellate court does not reweigh the evidence. That is the province of the jury. (People v. Yeoman, supra, 31 Cal.4th at p. 128.) Under the substantial evidence standard of review, the record supports finding both that a reasonable person would have found appellant's acts dangerous to human life and that appellant was subjectively aware of the risk his conduct posed. Accordingly, the evidence is sufficient to uphold appellant's second degree murder conviction.

3. The abstracts of judgment must be modified to reflect the imposed sentences.

Other Questions


What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
What is the test for a jury to convict appellant of second degree murder based solely on evidence of the crime of second-degree murder? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
In what circumstances will the conviction on count 1 to second degree murder be reduced from 1 to 2 to 2 degree murder? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.