What are the elements of premeditation and deliberation relevant to sustain a verdict of first degree murder?
California, United States of America
The following excerpt is from People v. Brooks, 219 Cal.Rptr.3d 331, 3 Cal.5th 1, 396 P.3d 480 (Cal. 2017):
People v. Anderson (1968) 70 Cal.2d 15, 2627, 73 Cal.Rptr. 550, 447 P.2d 942 identified three categories of evidence relevant to deciding whether to sustain a verdict of first degree murder based on premeditation and deliberation: (1) evidence of planning activity prior to the killing, (2) evidence of the defendant's prior relationship with the victim from which the
[3 Cal.5th 59]
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