What is the test for determining whether there is intent to kill?

California, United States of America


The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):

In the present case, the jurors were not told to apply any improper presumptions as to the intent-to-kill issue. Accordingly, the test of Yates v. Evatt, supra, seemingly would be inapplicable here. But, as will

Page 619

[6 Cal.4th 47] We briefly review the evidence as it bore on the intent issue:

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