What is the test for reversal of a conviction for second degree murder?

California, United States of America


The following excerpt is from People v. Hansen, 36 Cal.Rptr.2d 609, 885 P.2d 1022, 9 Cal.4th 300 (Cal. 1994):

When a legally erroneous theory of conviction is presented to the jury, reversal is required unless, on the record made at trial, the reviewing court can determine that the conviction actually, if not solely, rests on a legally [9 Cal.4th 328] proper theory. (People v. Guiton (1993) 4 Cal.4th 1116, 1128-1129, 17 Cal.Rptr.2d 365, 847 P.2d 45; see People v. Smith, supra, 35 Cal.3d at p. 808, 201 Cal.Rptr. 311, 678 P.2d 886 [concluding that reversal of a second degree murder conviction is required unless the People can "show that no juror relied on the erroneous instruction" on second degree felony murder "as the sole basis for finding [the] defendant guilty"].)

Other Questions


Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
What is the test for a jury to convict appellant of second degree murder based solely on evidence of the crime of second-degree murder? (California, United States of America)
How have courts reduced a convicted first-degree murderer's sentence to second-degree murder? (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)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-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.