What is the test for evidence of premeditation and deliberation in a murder case?

California, United States of America


The following excerpt is from People v. Javier, B160036. (Cal. App. 2003):

In reviewing the sufficiency of the evidence of premeditation and deliberation, the appellate court must determine whether the evidence supports an inference that the killing occurred as the result of preexisting reflection rather than unconsidered or rash impulse. (People v. Garcia (2000) 78 Cal.App.4th 1422, 1427.) Three types of evidence typically aid in determining premeditation and deliberation: (1) facts about how and what defendant did prior to the actual killing to show planning activity; (2) facts about the defendant's prior relationship and/or conduct with victim to show motive; (3) facts about the nature of the killing from which the jury could infer from facts of type

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