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F 8.23 n1 Murder By Poison: No Intent To Kill Required (PC 189).
A defendant acting with implied malice who kills his or her victim with poison is guilty of first degree murder even if the defendant had no intent to kill. (People v. Diaz (92) 3 C4th 495, 568-9 [11 CR2d 353]; People v. Mattison (71) 4 C3d 177, 183 [93 CR 185]; see also Stanton v. Benzler (9th Cir. 1998) 146 F3d 726.)
F 8.23 n2 Murder By Poison: Consciousness Of Guilt: Does Not Prove Degree Of Crime (PC 189).
The essence of consciousness of guilt evidence is that it shows a fear of apprehension and, hence, is probative of whether the defendant committed the crime. Fear of apprehension, however, while relevant to the issue of whether a crime was committed, does not have any logical relevance as to the degree of the crime the defendant committed. [For a sample limiting instruction, and additional authorities on this point, see FORECITE F 2.06a.]