What is the test for circumstantial evidence in a murder case?

California, United States of America


The following excerpt is from People v. Sandoval, 196 Cal.Rptr.3d 424, 363 P.3d 41, 62 Cal.4th 394 (Cal. 2015):

abstract or in comparison to the "quality of the direct evidence" that it "bolsters, corroborates, or supports." (McKinnon, supra, at p. 676 & fn. 40, 130 Cal.Rptr.3d 590, 259 P.3d 1186.) It is also true even if the defendant's mental state is at issue; a circumstantial evidence instruction is not required if that mental state is "proved by inference drawn from the direct evidence of [the] defendant's conduct," including the defendant's own extrajudicial statements and the testimony of eyewitnesses. (People v. Wiley (1976) 18 Cal.3d 162, 175, 133 Cal.Rptr. 135, 554 P.2d 881.)

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