What is the test for a jury to determine whether a defendant intentionally killed his victim in a "preconceived design" to take his victim's life?

California, United States of America


The following excerpt is from The People v. Bojorques, B219307, No. BA317573 (Cal. App. 2010):

manner of killing was so particular and exacting that the defendant must have intentionally killed according to a 'preconceived design' to take his victim's life in a particular way for a 'reason' which the jury can reasonably infer from facts of type (1) or (2)." These categories are not prerequisites, but simply guidelines to assist reviewing courts in assessing whether the evidence supports an inference that the killing resulted from preexisting reflection and weighing of considerations rather than an unconsidered or rash impulse. (People v. Young (2005) 34 Cal.4th 1149, 1183.)

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