What is the test for intent in a murder case?

California, United States of America


The following excerpt is from People v. Simmons, F065631 (Cal. App. 2014):

Unlike People v. Rogers, the jury here was not instructed all types of murder required the intent to kill. Nor did the trial court instruct the jury all forms of murder were specific intent crimes. Rather, the court explained the crime of murder could require either a specific intent or mental state. Additionally, instead of providing the intent or mental state required within the concurrence instruction itself, the court directed the jury to the instructions defining the crimes to determine what intent or mental state was required. The trial court later accurately explained murder could be based upon either express or implied malice and provided the appropriate definitions of those terms.

Other Questions


Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Is there any case law where gang evidence has been admitted in a murder case to prove motive and intent? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
What is the difference between general intent and specific intent in a murder case? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
What is the case law on the aider/abettor's guilt in a murder case? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Can a jury consider a specific intent charge in a second-degree murder case? (California, United States of America)
Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.