What is the test for determining the sufficiency of evidence in a murder case?

California, United States of America


The following excerpt is from People v. Lopez, G048759 (Cal. App. 2015):

"In assessing the sufficiency of the evidence, we review the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] Reversal on this ground is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)

Murder is the unlawful killing of a human being with malice aforethought. ( 187, subd. (a).) Malice is implied when the circumstances of the killing show it was done with an "abandoned and malignant heart." ( 188.) Implied malice requires that the defendant act with a wanton disregard of the high probability of death. (People v. Pensinger (1991) 52 Cal.3d 1210, 1246.) The facts must demonstrate the defendant had a subjective awareness of the risk. (People v. Watson (1981) 30 Cal.3d 290, 298

Page 15

Other Questions


In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
In determining the sufficiency of the evidence in a sexual assault case, what is the test for determining sufficiency? (California, United States of America)
In determining the sufficiency of evidence in a civil case, what is the test for determining that the evidence is insufficient? (California, United States of America)
In what circumstances will the Court consider the sufficiency of evidence in determining whether the evidence was sufficient to prevent or dissuade a victim or witness from reporting a crime? (California, United States of America)
What is the test for sufficiency of evidence in a case where the evidence supports the theory of lying-in-wait for first degree murder? (California, United States of America)
When a criminal defendant challenges the sufficiency of the evidence, what is the standard of review required by the California Court of Appeal to determine whether the evidence is sufficient? (California, United States of America)
How have courts interpreted the law in determining the sufficiency of evidence in a murder case? (California, United States of America)
What is the standard of evidence used in a challenge to the sufficiency of evidence in a murder case? (California, United States of America)
In determining the sufficiency of the evidence, what is the test for determining that the evidence is insufficient? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.