In what circumstances will a jury be able to determine whether a witness was intentionally killed?
California, United States of America
The following excerpt is from People v. Crook, B265205 (Cal. App. 2016):
Similarly, in People v. Snow (2003) 30 Cal.4th 43, the defendant argued an instruction that motive was not an element of the crime charged and need not be shown conflicted with another special circumstance instruction requiring the jury to find " 'the witness was intentionally killed for the purpose of preventing his testimony in a criminal proceeding'. . . ." (Id. at p. 98.) The court rejected the argument, explaining the
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