Does the mere act of sticking a shotgun in an individual's stomach constitute sufficient to establish second degree murder?

5 Indeed, it may well be that the mere act of sticking a shotgun in an individual's stomach is legally insufficient to provide the foundation for a murder conviction; certainly, that should be the case when the police acknowledge that the defendant never placed a finger on the trigger. Given that a shotgun would fire spontaneously only exceedingly rarely in such a situation, it is unlikely that that action, as a factual matter, inherently involves a "high degree of probability" of resulting in death. Compare People v. Watson, 30 Cal.3d 290, 179 Cal.Rptr. 43, 637 P.2d 279 (1981) (second degree murder charge permissible when individual with .23 percent blood alcohol level drove 84 miles per hour in 35 m.p.h. zone, ran through a red light, barely avoided another accident, and then slammed into another car, killing its occupants). But cf. id. at 294, 179 Cal.Rptr. at 45-46, 637 P.2d at 281 (noting that magistrate had found that that evidence was not sufficient to establish second degree murder).