Can a defendant be convicted of first degree murder even if the indictment or information charged only murder with malice?
California, United States of America
The following excerpt is from People v. Famalaro, S064306 (Cal. 2011):
As defendant acknowledges, we have rejected identical contentions, holding that "a defendant may be convicted of first degree murder even though the indictment or information charged only murder with malice in violation of section 187." (People v. Morgan (2007) 42 Cal.4th 593, 616, citing People v. Hughes (2002) 27 Cal.4th 287, 368-370.)
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