California, United States of America
The following excerpt is from People v. George, E050801 (Cal. App. 2011):
"'[G]enerally first degree murder convictions are affirmed when (1) there is evidence of planning, motive, and a method of killing that tends to establish a preconceived design; (2) extremely strong evidence of planning; or (3) evidence of motive in conjunction with either planning or a method of killing that indicates a preconceived design to kill.' [Citation.] These factors are not the exclusive means, however, to establish premeditation and deliberation; for instance, 'an execution-style killing may be committed with such calculation that the manner of killing will support a jury finding of premeditation and deliberation, despite little or no evidence of planning and motive.' [Citation.]" (People v. Tafoya (2007) 42 Cal.4th 147, 172.) "Intent is
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rarely susceptible of direct proof and usually must be inferred from the facts and circumstances surrounding the offense." (People v. Pre (2004) 117 Cal.App.4th 413, 420.)
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