Does a jury need to find intentional killing to return a first degree murder verdict?
California, United States of America
The following excerpt is from People v. Whitt, 205 Cal.Rptr. 810, 36 Cal.3d 724, 685 P.2d 1161 (Cal. 1984):
Finally, the Sedeno exception (People v. Sedeno, supra, 10 Cal.3d 703, 112 Cal.Rptr. 1, 518 P.2d 913) does not apply. No instruction squarely posed the question of an intent to kill. The murder count was submitted to the jury on a felony-murder theory. Thus, the jury was not required to find an intentional killing in order to return the first degree murder verdict.
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