California, United States of America
The following excerpt is from People v. Perez, 2 Cal.4th 1117, 831 P.2d 1159, 9 Cal.Rptr.2d 577 (Cal. 1992):
[2 Cal.4th 1147] Put simply, premeditation and deliberation were not established to a "near certainty" or to an "evidentiary certainty." The record does not reveal that defendant formed an intent to kill "on preexisting reflection" "resulting from careful thought and weighing of considerations." True, the evidence supports an inference that he did indeed intend to kill. But intent to kill simpliciter is not enough. (See People v. Anderson, supra, 70 Cal.2d at p. 26, 73 Cal.Rptr. 550, 447 P.2d 942.)
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