What are the conditions required for a jury to convict a defendant of murder?

On this record, the court cannot conclude that these conditions were met. The court denied a pretrial motion to set aside the special circumstances on the ground that they were unconstitutional for failing to require an intent to kill. In effect, the defense received a pretrial ruling that intent was not an element of the special circumstance allegations. (See People v. Hayes (1985) 38 Cal.3d 780, 787, 214 Cal.Rptr. 652, 699 P.2d 1259.) Furthermore, the prosecutor argued to the jury that proof of an intent to kill was not required to sustain any of the allegations. Moreover, there are indications in the record that evidence of lack of intent to kill, based on drug use and on the Allens' dominant role in the plot to rob Fran's Market, might have been available to counsel.