What is the test for intent in a criminal case?

California, United States of America


The following excerpt is from People v. Bernal, E057853 (Cal. App. 2014):

"Intent is a state of mind. A defendant's state of mind must, in the absence of the defendant's own statements, be established by the circumstances surrounding the commission of the offense." (People v. Mincey (1992) 2 Cal.4th 408, 433; see also People v. Bloom (1989) 48 Cal.3d 1194, 1208 ["Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction."].)

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