October 27, 2013

People v. Anderson | Case Brief - 70 Cal. 2d 15, 447 P.2d 942 (1968) - Supreme Court of California

FACTS: Defendant had been living with Mrs. Hammond and her 2 children for 8 months.  The day of the murder he had been drinking.  The 13 year old brother returned from school and was in the basement when he heard something that sounded like "being cleaned-up."  the defendant gave conflicting stories to the mother, brother about where the blood in the house had come from and when the brother went upstairs he found the nude body of the 10 year old in her bedroom under some stuff.

HISTORY: Jury found the defendant guilty of 1st degree murder.

ISSUE: Was the evidence sufficient to support verdict of 1st degree murder (premeditated and deliberate)?


RATIONALE: 3 type of evidence for premeditation and deliberation:

1) what defendant did prior to the actual killing to show the defendant was engaged in activities directed toward the killing

2) facts about prior relationship w/ the victim to infer a motive which would reflect consideration

3) facts about the nature of the killing so particular that the defendant must have intentionally killed according to a preconceived design to take victim's like in a particular way a reason the jury can conclude from #1 and #2

No evidence of 1, 2, or 3 in this case.

DISPOSITION: Judgement modified reducing it to crime of murder in the 2nd degree.