What is the test for admitting a statement by a defendant that he would like to kill someone?

California, United States of America


The following excerpt is from The People v. Charlton, A122842, San Francisco County Super. Ct. No. 204399 (Cal. App. 2011):

The trial court did not abuse its discretion in admitting this statement into evidence. That the statement was probative of appellant's intent in attacking the victim-a question that was very much in dispute in this trial-is without question. As the People point out, a defendant's prior statements, even ones that are highly inflammatory, are relevant and admissible to show intent for the charged crime. A "death list" of names of intended murder victims (People v. Kraft (2000) 23 Cal.4th 978, 1033-1036), a defendant's statement to a relative that "I've done so many things. I think I would like to kill someone, just to see if I could get away with it." (People v. Crew (2003) 31 Cal.4th 822, 842) and rap lyrics written by a gang member charged with murder about gang affiliation, guns and the murder of rival gang members (People v. Zepeda (2008) 167 Cal.App.4th 25, 32-35) have all been found admissible to demonstrate intent.

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