What is the test for determining whether a defendant has a motive in abducting his ex-girlfriend?
California, United States of America
The following excerpt is from People v. Clark, 203 Cal.Rptr.3d 407, 372 P.3d 811, 63 Cal.4th 522 (Cal. 2016):
kidnapping case, and to prevent her from testifying at his trial. (Id. at p. 1070, 157 Cal.Rptr.3d 570, 301 P.3d 1177.) As we stated, citing People v. Estep (1996) 42 Cal.App.4th 733, 738, 49 Cal.Rptr.2d 859, the presence of motive is a circumstance that may establish guilt. (Lopez, at p. 1070, 157 Cal.Rptr.3d 570, 301 P.3d 1177.)
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