SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 734 Special Circumstances: Murder by Poison, PC 190.2(a)(19)
TABLE OF CONTENTS
F 734.1 Titles And Identification Of Parties
F 734.1 Inst 1 Special Circumstances: Murder by Poison—Title
F 734.1 Inst 2 Identification Of Prosecution And Defendant
F 734.2 Instructions
F 734.2 Inst 1 Murder By Poison: Concurrence Of Intent To Kill And Administration Of Poison
F 734.2 Inst 2 Murder By Poison: Concurrence Of Killing And Intent To Kill
F 734.2 Inst 3 Linking Special Circumstance To the Murder To Which It Relates
Return to Series 700 Table of Contents.
F 734.1 Titles And Identification Of Parties
F 734.1 Inst 1 Special Circumstances: Murder by Poison—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 734.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 734.2 Instructions
F 734.2 Inst 1 Murder By Poison: Concurrence Of Intent To Kill And Administration Of Poison
*Modify CC 734, Elements as follows [added language is underlined; deleted language is stricken]:
2 1. The defendant killed ____________ <insert name of decedent> by the administration of poison;
AND
1 2. When the defendant administered the poison (he/she) intended to kill ____________ <insert name of decedent>.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank # CCM-001.]
Concurrence Required—See People v. Catlin (2001) 26 C4th 81, 153-54; see also FORECITE F 251 Inst 3.
Use Of The Term “Defendant”—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 734.2 Inst 2 Murder By Poison: Concurrence Of Killing And Intent To Kill
*Modify CC 733 Element 1 as follows [added language is underlined]:
1. At the time ______________ <insert name of decedent> was killed the defendant intended to kill (him/her) ________ <insert name of decedent>;
Points and Authorities
See FORECITE F 251 Inst 3.
F 734.2 Inst 3 Linking Special Circumstance To the Murder To Which It Relates
See FORECITE F 720.2 Inst 1.
