What is the legal test for fleeing from the scene of a crime?

California, United States of America


The following excerpt is from The People v. Bachicha, B215687, No. KA082558 (Cal. App. 2010):

Penal Code section 1127c requires an instruction where there is evidence of flight: "In any criminal trial... where evidence of flight of a defendant is relied upon as tending to show guilt, the court shall instruct the jury substantially as follows: [] The flight of a person immediately after the commission of a crime, or after he is accused of a crime that has been committed, is not sufficient in itself to establish his guilt, but is a fact which, if proved, the jury may consider in deciding his guilt or innocence. The weight to which such circumstance is entitled is a matter for the jury to determine." (See also People v. Mendoza (2000) 24 Cal.4th 130, 179 (Mendoza).)

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