What is the test for instructing a jury to convict a defendant of first degree premeditated murder?
California, United States of America
The following excerpt is from People v. Munoz, 140 Cal.App.3d 404, 189 Cal.Rptr. 404 (Cal. App. 1983):
6 Even if the court erred in instructing the jury on first degree premeditated murder, we are satisfied that the error was harmless beyond a reasonable doubt. (People v. Walker (1973) 32 Cal.App.3d 897, 906, 108 Cal.Rptr. 548.)
7 The pertinent dialogue between defense counsel and the court on this issue is as follows:
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