What is the test for insufficiency of the evidence to support a first degree murder conviction?

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):

In reviewing a claim of insufficiency of the evidence to support a first degree murder conviction, we must examine the entire record in the light most favorable to the judgment in order to determine whether it discloses substantial evidence such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. In making this determination, we must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. We may not, however, limit this review to the evidence favorable to the People for the issue must be resolved on the whole record in order to evaluate properly whether the evidence of each of the essential elements is substantial. This evidence must be reasonable, credible and of solid value. (People v. Johnson (1980) 26 Cal.3d 557, 575-578, 162 Cal.Rptr. 431, 606 P.2d 738.) Because of this mandate, and Munoz' alibi theory of defense, the facts are stated in a detailed fashion to assure a careful analysis of his insufficiency argument.

Other Questions


Is there insufficient evidence to support a first or second degree murder conviction? (California, United States of America)
Is there insufficient evidence to support a conviction for first degree murder? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Is the evidence insufficient to support a conviction of two counts of second degree murder? (California, United States of America)
Is there insufficient evidence of premeditation and deliberation to support the first degree murder verdict? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Is the evidence sufficient to support a finding of first degree murder based upon the theory of felony murder? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
Is there substantial evidence to support the first degree felony-murder conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.