What is the test for a verdict of deliberate and premeditated first degree murder?

California, United States of America


The following excerpt is from People v. Padilla, B256033 (Cal. App. 2015):

"'A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. [Citation.] "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. [Citations.]'" (People v. Harris (2008) 43 Cal.4th 1269, 1286-1287.) The extent of the reflection, not the duration of time, is what is relevant. (Id. at p. 1287.)

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