Legal Opinion · Dissent

State v. Bingham

Washington Supreme Court

Decided May 15, 1986No. 51838-6Published

1DissentCallow, J.

(dissenting) — I would reinstate the aggravated first degree murder conviction of defendant. Sufficient evidence was presented on premeditation for that issue to be submitted to the jury. The decision on that issue is the function of the jury; not to be taken away.

The standard for reviewing the sufficiency of evidence in a criminal case is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements . . . beyond a reasonable doubt." Majority opinion, at 823 (quoting Jackson v. Virginia, 443 U.S. 307,…

2Cases cited21 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. GreenWashington Supreme Court · 1980
  3. Gaines v. WashingtonSupreme Court of the United States · 1928
  4. State v. FaustSupreme Court of North Carolina · 1961
  5. State v. SmithWashington Supreme Court · 1977

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