The following excerpt is from Hayward v. Rowland, 978 F.2d 1265 (9th Cir. 1992):
There is sufficient evidence to support a conviction if, " 'reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " United States v. Bishop, 959 F.2d 820, 829 (9th Cir.1992), quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2788 (1979).
Hayward contends that his right to due process was violated because there was insufficient evidence to convict him on one of the two theories of second-degree murder urged upon the jury--the theory enunciated in CALJIC 8.31. 1 He argues that the prosecution did not prove that he either possessed or used a dangerous weapon; that with no proof of a weapon, there was no evidence that he had acted with a conscious disregard for human life or that he had committed an act dangerous to human life; and that under People v. Munn, 65 Cal. 211, 213 (1884), absent proof of a weapon, the prosecution could not demonstrate the malice necessary to find him guilty.
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