What is the test for establishing corpus delicti?

California, United States of America


The following excerpt is from People v. Johnson, 153 Cal.App.2d 870, 315 P.2d 468 (Cal. App. 1957):

The corpus delicti may be established by evidence which would not be sufficient to convict upon a trial. The court in People v. Mehaffey, 32 Cal.2d 535, at page 545, 197 P.2d 12, at page 17, said:

'But it is likewise well settled that to authorize their reception in evidence and consideration by the jury, the prosecution is not required to establish the corpus delicti by proof as clear and convincing as is necessary to establish the fact of guilty; that slight or prima facie proof is sufficient for such purpose. (citations.) It may be proved by circumstantial evidence and by inferences reasonably drawn therefrom. (citations.) Direct or positive evidence is not essential (citations), nor is it necessary at this point to connect the defendant with the perpetration of the offense (citations).'

In People v. Selby, 198 Cal. 426, at page 438, 245 P. 426, at page 431, the court said

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