What is the legal test for a jury to convict a defendant of murder of a willful, deliberate and premeditated killing?

California, United States of America


The following excerpt is from People v. Kemp, B261650 (Cal. App. 2017):

support the verdicti.e., evidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.] In applying this test, we review the evidence in the light most favorable to the verdict and presume in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence. [Citation.] The same standard applies where the conviction rests primarily on circumstantial evidence. [Citation.] We may not reweigh the evidence or resolve evidentiary conflicts. [Citation.] The testimony of a single witness can be sufficient to uphold a convictioneven when there is significant countervailing evidence, or the testimony is subject to justifiable suspicion. [Citation.] Accordingly, we may not reverse for insufficient evidence unless it appears ' "that upon no hypothesis whatever is there sufficient substantial evidence to support ..." ' " the verdict. (People v. Valenti (2016) 243 Cal.App.4th 1140, 1157-1158.)

Murder perpetrated by "willful, deliberate, and premeditated killing" is murder of the first degree. ( 189.) " 'A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. ... "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. ... "The process of premeditation and deliberation does not require any extended period of time. 'The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly.' " ' [Citation.]" (People v. Cole (2004) 33 Cal.4th 1158, 1224, omissions in Cole.)

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