What is the test for a jury to convict defendants of first degree murder?
California, United States of America
The following excerpt is from People v. Tyson, C079403 (Cal. App. 2019):
If alternative legal theories of liability are presented to the jury, and the evidence is sufficient to support one but not another, the insufficiency as to one alternative "does not provide an independent basis for reversing an otherwise valid conviction." (Griffin v. United States (1991) 502 U.S. 46, 60 [116 L.Ed.2d 371, 383].) Therefore, because the evidence supported the felony murder theory of first degree murder, defendants' contention is without merit.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
What is the appropriate sentence for a defendant convicted of first degree felony murder with the felony-murder special circumstance? (California, United States of America)
What is the test for a jury to convict a defendant of first degree murder by torture, poisoned, and premeditated murder? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a defendant be convicted of first degree murder even if charged only with murder with malice? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
