What is the test for determining whether an act of gross negligence was committed by an individual with intent?
California, United States of America
The following excerpt is from People v. Huggins, 2d Crim. No. B263818 (Cal. App. 2016):
" '[I]ntent is inherently difficult to prove by direct evidence. Therefore, the act itself, together with its surrounding circumstances must generally form the basis from which the intent of the actor may legitimately be inferred.' " (People v. Edwards (1992) 8 Cal.App.4th 1092, 1099.)
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