What is the test to prove motive in a criminal case?

California, United States of America


The following excerpt is from People v. Campbell, H034690 (Cal. App. 2012):

Motive is itself a state-of-mind or state-of-emotion fact. Motive is an idea, belief, or emotion that impels or incites one to act in accordance with his state of mind or emotion. Thus, evidence, offered to prove motive, that defendant committed an uncharged offense meets the test of relevancy by virtue of the circumstantial-evidence-reasoning process that accepts as valid the principle that one tends to act in accordance with his state of mind or emotion." [Citation.]' [Citations.]" (People v. Spector (2011) 194 Cal.App.4th 1335, 1382-1383 (Spector).)

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