Does a defendant have to have a specific intent to kill to be considered a first degree murder?

California, United States of America

The following excerpt is from People v. Benjamin, 124 Cal.Rptr. 799, 52 Cal.App.3d 63 (Cal. App. 1975):

[52 Cal.App.3d 84] In People v. Dickerson, 23 Cal.App.3d 721, 727, 100 Cal.Rptr. 533, the defendant argued that a specific intent to kill must be independently shown for murder by lying in wait to be first degree murder. He urged that a distinction be drawn between murder by poison and torture, specified in Penal Code section 189, because the use of poison or torture in itself is extremely likely to produce death, while lying in wait is not, unless accompanied by an intent to kill. The court disagreed, stating:

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)

Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)

Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)

In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)

How does evidence of voluntary intoxication reduce a defendant's first degree murder to second degree murder? (California, United States of America)

Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)

Is a defendant's claim that the trial court erred by instructing the jury on first degree murder because the information alleged only that the murder of Agent Cross was committed with malice aforethought? (California, United States of America)

Can a jury consider a specific intent charge in a second-degree murder case? (California, United States of America)

Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)

Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge? (California, United States of America)

Does a defendant have to have a specific intent to kill to be considered a first degree murder?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources