What is the corpus delicti of murder?

California, United States of America


The following excerpt is from People v. Paniagua, B214215 (Cal. App. 2011):

Murder is an unlawful killing, which is a killing accomplished through a criminal agency and without excuse or justification. (People v. Howk (1961) 56 Cal.2d 687, 706; 195.) The corpus delicti of murder is the death of the alleged victim and existence of some criminal agency as the cause which may be proved circumstantially or inferentially. (People v. Howk, supra, at p. 706.)

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Here, the settled statement states that the coroner testified at trial that Rodriguez died of multiple gunshot wounds to his head, arm and abdomen. Death by multiple gunshots to different parts of his body supports a reasonable inference that the death was the result of a crime. (See People v. Cowan (1940) 38 Cal.App.2d 231, 240 [evidence victim shot through head when head rested on or near cement floor is sufficient evidence to establish corpus delicti; see also People v. Wagner (1937) 21 Cal.App.2d 92, 94-95.) Thus, the settled statement and record before this court is adequate to establish the corpus delicti, apart from appellant's admissions.

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