What is the test for having the requisite mental state to be considered a mental state?

California, United States of America


The following excerpt is from People v. Flournoy, D072183 (Cal. App. 2018):

Defense counsel argued the evidence supported reasonable doubt as to the requisite mental state. The jury plainly rejected the argument. Given the speculative nature of the "accident" evidence, which was fully argued to the jury, we are satisfied there is no reasonable probability that a more favorable result would have occurred had the court given the instruction on accident. (People v. Watson (1956) 46 Cal.2d 818.)

The judgment is affirmed.

HUFFMAN, Acting P. J.

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