California, United States of America
The following excerpt is from People v. Vasquez, B281178 (Cal. App. 2018):
California courts have long recognized that not all beatings are life-threatening. "Normally, hitting a person with the hands or feet does not constitute murder in any degree. [Citations.] But if death ... is a reasonable or probable consequence of the beating the offense may be murder. [Citation.] Thus, to constitute murder there has to be either an intent to kill or such wanton and brutal use of the hands [or feet] without provocation as to indicate that they would cause death ... ." (People v. Teixeira (1955) 136 Cal.App.2d 136, 150, italics added; accord, People v. Cravens (2012) 53 Cal.4th 500, 508 ["This state has long recognized 'that
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