California Court of Appeal

Conviction for second degree implied malice murder, Pen. Code section 187, is affirmed where: 1) although the court erred when it found the personal-tragedy testimony relevant under Evidence Code1 section 350 and when it found under section 352 that such testimony was not substantially outweighed by its prejudicial effect, this error was harmless; and 2) the court properly instructed the jury with respect to circumstantial evidence offered to prove the elements and intent of the crime.

Appellate Information

• Decided 05/12/2015
• Published 05/12/2015

Judges

• BENKE

Court

• California Court of Appeal

Counsel