Can an accidental shooting constitute involuntary manslaughter or second degree murder?

California, United States of America


The following excerpt is from People v. Vickers, A153103 (Cal. App. 2019):

An accidental shooting can constitute involuntary manslaughter or second degree murder (based on implied malice), depending on the defendant's mental state. (See People v. Thomas (2012) 53 Cal.4th 771, 814-815 (Thomas) [conviction for second degree murder for a claimed accidental shooting during an argument]; People v.

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