What are the elements of a second degree murder?
California, United States of America
The following excerpt is from People v. Calderon, B278747 (Cal. App. 2018):
7. Murder is of two degrees. "A killing with express malice formed willfully, deliberately, and with premeditation constitutes first degree murder. [Citation.] 'Second degree murder is the unlawful killing of a human being with malice aforethought but without the additional elements, such as willfulness, premeditation, and deliberation, that would support a conviction of first degree murder.' " (People v. Beltran (2013) 56 Cal.4th 935, 942 (Beltran).)
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