What evidence does the jury need to consider if defendant was deliberating on a finding of murder?

California, United States of America


The following excerpt is from People v. San Nicolas, 101 P.3d 509, 21 Cal.Rptr.3d 612, 34 Cal.4th 614 (Cal. 2004):

The jury also fairly could have concluded that defendant was intent upon killing April due to the sheer number of wounds on April's body, many of which individually would have been fatal. This evidence as to the manner of killing supports a finding of deliberation. Even if April's wounds were only suggestive of rage, an inference of premeditation is not precluded. (People v. Thomas (1992) 2 Cal.4th 489, 518, 7 Cal.Rptr.2d 199, 828 P.2d 101.)

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