What is the test for determining whether a defendant had a motive to kill the victim?
California, United States of America
The following excerpt is from People v. Perez, 2 Cal.4th 1117, 831 P.2d 1159, 9 Cal.Rptr.2d 577 (Cal. 1992):
Next, there is no substantial evidence that defendant had a motive to kill the victim. Again, the record is essentially devoid of "facts about the defendant's prior relationship and/or conduct with the victim from which the jury could reasonably infer a 'motive' to kill the victim...." (People v. Anderson, supra, 70 Cal.2d at p. 27, 73 Cal.Rptr. 550, 447 P.2d 942, italics in original.)
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