What is the test for a jury to convict a man of first degree murder?
California, United States of America
The following excerpt is from People v. Hernandez, B262851 (Cal. App. 2016):
Our task on appeal is to determine whether "any rational trier of fact could have been persuaded beyond a reasonable doubt" that the murder was deliberate and premeditated. (People v. Perez (1992) 2 Cal.4th 1117, 1127.) Viewing the evidence as a whole, we conclude there was substantial evidence from which a rational jury could find deliberation and premeditation. We therefore affirm the conviction for first degree murder.
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The judgment is affirmed.
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