What is the test for determining whether an appellant is guilty of a homicide?
California, United States of America
The following excerpt is from People v. Phillips, 42 Cal.Rptr. 868 (Cal. App. 1965):
If appellant is guilty of a homicide, he is guilty because the intent to kill with premiditation and malice aforethought, or with malice aforethought alone, or through wanton negligence (cf. People v. Stuart, 47 Cal.2d 167, 302 P.2d 5, 55 A.L.R.2d 705) can be found from the evidence without the aid of a legal fiction as to his intent, imposed upon and added to the evidence by the felony murder rule.
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