What is second degree murder and what is implied?
California, United States of America
The following excerpt is from People v. Malone, A140747 (Cal. App. 2015):
Second degree murder is the unlawful killing of a human being with malice aforethought, which can be either express or implied. ( 187, subd. (a), 188.) Express malice is the intent to unlawfully kill. (People v. Perez (2010) 50 Cal.4th 222, 233, fn. 7.) Malice is implied "when a killing results from an intentional act, the natural consequences of which are dangerous to human life, and the act is deliberately performed
Page 8
"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
How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-degree murder? (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)
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)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (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)
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)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
Does the second degree felony of discharging a firearm constitute a second-degree felony-murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
