What is the test for establishing a prima facie case of first degree murder?

California, United States of America


The following excerpt is from People v. Ruoff, A154980 (Cal. App. 2020):

evidence, namely, to determine whether from the evidence then in the record, including reasonable inferences to be drawn therefrom, there is substantial evidence of the existence of every element of the offense charged.' " (People v. Jones (2013) 57 Cal.4th 899, 964.) Since the prosecutor presented a prima facie case of first degree murder during the People's case-in-chief, it is not reasonably likely that the outcome of this proceeding would have been different if defense counsel had moved for an acquittal.

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