Is there insufficient evidence of premeditation and deliberation to support the first degree murder verdict?

California, United States of America


The following excerpt is from People v. Welch, 20 Cal.4th 701, 85 Cal.Rptr.2d 203, 976 P.2d 754 (Cal. 1999):

Defendant contends there is insufficient evidence of premeditation and deliberation to support the first degree murder verdicts. "When considering the claim of a criminal defendant that a verdict was not supported by sufficient evidence, 'the court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence--that is, evidence which is reasonable, credible, and of solid value--such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' " (People v. Hawkins (1995) 10 Cal.4th 920, 955, 42 Cal.Rptr.2d 636, 897 P.2d 574.)

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