What is the test for premeditation and deliberation in a murder case?
California, United States of America
The following excerpt is from People v. Rivera, 247 Cal.Rptr.3d 363, 441 P.3d 359, 7 Cal.5th 306 (Cal. 2019):
In People v. Anderson (1968) 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942, we observed that "[t]he type of evidence which this court has found sufficient to sustain a finding of premeditation and deliberation falls into three basic categories": (1) facts about planning activity "prior to the actual killing which show[s] that the defendant was engaged in activity directed toward, and explicable as
[441 P.3d 375]
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