What is the test for a jury to convict appellant of second degree murder based solely on evidence of the crime of second-degree murder?
California, United States of America
The following excerpt is from People v. Del Toro, B238494 (Cal. App. 2014):
No reasonable juror would believe that the requirements of the crime of second degree murder could be satisfied solely by evidence of the uncharged offenses. Direct physical evidence linked appellant to Flores and supported the conclusion that he had killed her. We are persuaded the jury's guilty verdict was surely unattributable to the error. (People v. Quatermain (1997) 16 Cal.4th 600, 621.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
What if a jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)? (California, United States of America)
Is a convicted murderer serving a life sentence for second degree murder eligible for resentencing based on two prior robbery convictions? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
