What evidence supports the finding of intent to kill?

California, United States of America


The following excerpt is from The People v. Morris, E047667, Super.Ct.No. SWF023090 (Cal. App. 2010):

Defendant points out that no evidence showed motive; defendant and Flores were friends; and there had been no previous dispute, argument, physical altercation, or threats. However, "evidence of motive is not required to establish intent to kill, and evidence of motive alone may not always fully explain the shooter's determination to shoot at a fellow human being with lethal force." (People v. Smith, supra, 37 Cal.4th at p. 741.)

Page 11

We conclude substantial evidence supports the finding of intent to kill.

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