CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Admissions Subj. to Corpus Delicti Rule
.........Rule in General
 18 Cards On This Topic:
  • As D's offenses committed in 4/91, and PC 190.41 applied, corpus delicti of felony-based special circumstance in PC 190.2(a)(17) didn't need to be proved independently of D's extrajudicial statement.
  • To establish corpus delicti of oral copulation, need only independent evidence establishing prima facie showing of some injury, loss or harm, and that criminal agency was involved.
  • Corpus delicti in felony-murder special circs applies only to underlying felony; independent proof that killing occurred while D committing underlying felony not required.
  • As D's statement to V of present intent to rape was part of crime itself and did not have to be proved independently, corpus delicti instruction properly refused.
  • Sufficient evidence satisfied corpus delicti rule insofar as it required proof of attempted robbery independent of D's statements.
  • Corpus delicti may be established by slight evidence inferred from circumstantial evidence.
  • Corpus must be proved independent of D's extrajudicial admissions; may be by circumstantial evidence; slight or prima facie showing allowing reasonable inference crime committed suffices.
  • In the preliminary examination stage of criminal proceedings, the application of the classical corpus delicti rule in California remains unabated.
  • Separate evidence not required as to each individual count to establish corpus delicti; evidence that multiple molestations took place will establish the corpus delicti for multiple counts.
  • Instruction that element of H&SC 11379(b) may be proved on basis of D's statements alone did not violate corpus delicti where it only enhanced penalty of underlying offense, whose elements could not be proved w/out D's statements.
  • Conspiracy count properly dismissed where no evidence of conspiracy other than D's own extrajudicial statements; corpus delicti rule continues to apply to prelim. hearings.
  • Stmts M made to mislead police, although extrajudicial, were themselves part of conduct of the crime, not subject to corpus delicti rule, and could be used to establish corpus delicti of his crime of accessory.
  • Corpus delicti of offense of opening -or- maintaining place for purpose of unlawfully selling, giving away or using crack cocaine was established by evidence independent of D's extrajudicial statements.
  • Corpus delicti rule satisfied where evidence created reasonable inference that rare coins were stolen, D received them, and knew they were stolen.
  • Sufficient prima facie showing, independent of admissions, that D guilty of manslaughter and DUI.
  • Corpus delicti need not show that D committed crime-just that someone did.
  • Admission of D properly admitted where corpus delicti previously established by testimony showing death of victim and that criminal agency was cause of death.
  • Corpus delicti rule not overruled by Evid. Code §405.


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