What is the test for a jury to convict a defendant of second degree murder and voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Garcia, C077082 (Cal. App. 2018):

To convict a defendant of second degree murder, the jury must find he intentionally acted with malice aforethought. ( 187.) Malice may be express or implied. It is express if he unlawfully intended to kill. ( 188.) Implied malice cannot be found unless the defendant intentionally committed the act that caused the victim's death. (People v. Blakeley (2000) 23 Cal.4th 82, 87.)

To convict a defendant of voluntary manslaughter, the jury must find the defendant intentionally killed another person by acting in a sudden quarrel or heat of passion or in unreasonable self-defense. (People v. Rios (2000) 23 Cal.4th 450, 460-461.)

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