Legal Question in Criminal Law in California

Re: murder not guilty

A judge or jury would decide that question.

Re: murder not guilty

Accepting your term "unknowingly" to mean what it means in the law...this is a defense to murder, regardless of the mental capcity of the actor...however, this is all fact based and decided by the trier of fact...requiring a finding of no express or implied malice.This finding would not necessarily mean no crime occurred, only that the crime is less than murder.

If your question is...is the person legally insane? NGI has a very difficult burden of proof and are exceptionally difficult to litigate before a jury.

Hope this helps

Best

DJM