What is the test for premeditation and deliberation in a murder case?

California, United States of America


The following excerpt is from People v. Martinez, 53 Cal.App.4th 1212, 62 Cal.Rptr.2d 303 (Cal. App. 1997):

"Additionally, the conduct of defendant after the stabbing, such as the search of dresser drawers, jewelry boxes, kitchen drawers and the changing of a Band-Aid on his bloody hand, would appear to be inconsistent with a state of mind that would have produced a rash, impulsive killing. Here, defendant did not immediately flee the scene. Again, while not sufficient in themselves to establish premeditation and deliberation, these are facts which a jury could reasonably consider in relation to the manner of killing." (People v. Perez (1992) 2 Cal.4th 1117, 1128, 9 Cal.Rptr.2d 577, 831 P.2d 1159.)

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