What is the test for establishing that evidence of motive or opportunity to commit a crime in another person?
California, United States of America
The following excerpt is from People v. Castaneda, B287541 (Cal. App. 2020):
raising a reasonable doubt of defendant's guilt.' [Citation.] However, 'evidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice to raise a reasonable doubt about a defendant's guilt: there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime.' " (People v. Yeoman (2003) 31 Cal.4th 93, 140-141.)
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