In what circumstances will a jury consider the element of malice as a factor in a conviction for second degree murder?
California, United States of America
The following excerpt is from People v. Dellinger, 264 Cal.Rptr. 841, 49 Cal.3d 1212, 783 P.2d 200 (Cal. 1989):
In People v. Watson (1981) 30 Cal.3d 290, 179 Cal.Rptr. 43, 637 P.2d 279, this court restated the rule that the element of malice aforethought necessary for a conviction of second degree murder may be implied. We
Page 844
"The most advanced legal research software ever built."
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
What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)? (California, United States of America)
In what circumstances will the conviction on count 1 to second degree murder be reduced from 1 to 2 to 2 degree murder? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
What is the test for a jury to convict appellant of second degree murder based solely on evidence of the crime of second-degree murder? (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)
In what circumstances will a jury at a murder trial consider whether to reduce the severity of the aider and abettor's sentence to a lesser degree of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (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)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (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)
