What is the test for determining whether there is evidence of premeditation and deliberation in a murder case?

California, United States of America


The following excerpt is from People v. Lopez, 235 Cal.Rptr.3d 64, 420 P.3d 878, 5 Cal.5th 339 (Cal. 2018):

rash impulse." ( People v. Stitely (2005) 35 Cal.4th 514, 543, 26 Cal.Rptr.3d 1, 108 P.3d 182.) The reflection may be arrived at quickly; it need not span a specific or extended period of time. ( Ibid . ) We have found planning activity, preexisting motive, and manner of killing to be relevant, although these factors do not " exclude all other types and combinations of evidence that could support a finding of premeditation and deliberation. " ( People v. Solomon (2010) 49 Cal.4th 792, 812, 112 Cal.Rptr.3d 244, 234 P.3d 501.)

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