What is the definition of second degree murder?
California, United States of America
The following excerpt is from People v. Millender, B278727 (Cal. App. 2018):
Second degree murder is an unlawful killing with malice aforethought, but without the elements of willfulness, deliberation, and premeditation. (People v. Elmore, at p. 133.)
It is improper for a prosecutor to misstate the law during argument. (People v. Whalen, supra, 56 Cal.4th at p. 77; People v. Mendoza (2007) 42 Cal.4th 686, 702.)
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