Is there insufficient evidence to support a first or second degree murder conviction?
California, United States of America
The following excerpt is from People v. Colon, G043295 (Cal. App. 2011):
Colon contends there was insufficient evidence of malice to support a first or second degree murder conviction because the prosecutor did not prove the absence of a sudden quarrel or heat of passion. (People v. Rios (2000) 23 Cal.4th 450, 454, 462 [absence of sudden quarrel or heat of passion fact prosecution must prove beyond a reasonable doubt when murder and voluntary manslaughter are under joint consideration].) Again, we disagree.
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