What is the test for determining whether a defendant acted with premeditation before completing the act of attempted murder?
California, United States of America
The following excerpt is from People v. Askia, B290450 (Cal. App. 2019):
knowing the consequences, decided to kill. The defendant acted with premeditation if he decided to kill before completing the act of attempted murder." (Italics added.) Even if postcrime evidence may bear on defendant's intent (see People v. Thompson (2010) 49 Cal.4th 79, 113), the evidence defendant hid a knife was not such as to render a different result probable on retrial.
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