California, United States of America
The following excerpt is from People v. Rastogi, G053040 (Cal. App. 2017):
While appellant testified he lost control of himself and does not remember every aspect of the killing, the jury was not required to believe that self-serving testimony. (People v. Silva (2001) 25 Cal.4th 345, 369.) Viewing the record in the light most favorable to the judgment, as we are required to do, there is substantial evidence, both in terms of motive and manner of killing, to support a finding appellant acted with premeditation and deliberation in killing his wife. That's not to say there wasn't a formidable case for heat of passion manslaughter, as well. But the jury was given the option of convicting appellant of manslaughter, and it decided his actions constituted first degree murder. We cannot say, as a matter of law, the jury's decision was erroneous.
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