What is the test for a jury to sustain a verdict of first degree murder?

California, United States of America


The following excerpt is from People v. Wright, 217 Cal.Rptr. 212, 39 Cal.3d 576, 703 P.2d 1106 (Cal. 1985):

"Analysis of the cases will show that this court sustains verdicts of first degree murder typically when there is evidence of all three types and otherwise requires at least extremely strong evidence of (1) or evidence of (2) in conjunction with either (1) or (3)." (People v. Anderson (1968) 70 Cal.2d 15, 26-27, 73 Cal.Rptr. 550, 447 P.2d 423.) Our review of the evidence leads to a conclusion that although no single factor is supported by "extremely strong" evidence, there is evidence of all three categories from which the jury could reasonably conclude the murder here was deliberate and premeditated.

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