What is the test for a finding of unlawful killing as first degree murder?

California, United States of America


The following excerpt is from People v. Duvall, G055286 (Cal. App. 2020):

unlawful killing as first degree murder if the prosecution proves the defendant "acted willfully, deliberately, and with premeditation." The prosecutor's argument equated the willful requirement with an intent to kill and then told the jurors they also must find the intent to kill was the result of deliberation and premeditation. The argument was consistent with California law. (People v. Koontz (2002) 27 Cal.4th 1041, 1080 ["verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. [Citation.] 'Deliberation' refers to careful weighing of considerations in forming a course of action; 'premeditation' means thought over in advance"].) The prosecutor did not err on this score.

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