Is there insufficient evidence to support a conviction for deliberate and premeditated murder?

California, United States of America


The following excerpt is from People v. McLead, 225 Cal.App.3d 906, 276 Cal.Rptr. 187 (Cal. App. 1990):

All defendants argue that the court committed prejudicial error when it instructed the jury on felony murder in addition to deliberate and premeditated murder. They argue that there is no evidence to support the felony-murder theory and that we are unable to determine whether the jury found the defendants guilty under the felony-murder or premeditated murder theory; therefore, we must reverse the murder judgment in count I. (People v. Morris (1988) 46 Cal.3d 1, 23-24, 249 Cal.Rptr. 119, 756 P.2d 843.) Defendants do not contend that there is insufficient evidence to support the premeditated murder conviction.

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