In what circumstances will the jury consider whether there was insufficient evidence to convict Defendant of provocative acts murder?
California, United States of America
The following excerpt is from People v. Martinez, C081643 (Cal. App. 2018):
provocative acts murder fell short, we would presume the jury rendered its verdict on the alternate theory. Defendant does not argue insufficient evidence on that theory, and we will not make arguments for him. (See People v. Stanley (1995) 10 Cal.4th 764, 793.)
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