California, United States of America
The following excerpt is from People v. Rodriguez, H042931 (Cal. App. 2018):
Before we examine defendant's claims in detail, we briefly review the law governing murder, perfect and imperfect self-defense, and manslaughter. Under section 187, subdivision (a), murder is defined as "the unlawful killing of a human being, or a fetus, with malice aforethought." Murder is divided into first and second degree murder under section 189. " 'Second degree murder is the unlawful killing of a human being with malice, but without the additional elements (i.e., willfulness, premeditation, and deliberation) that would support a conviction of first degree murder.' " (People v. Chun (2009) 45 Cal.4th 1172, 1181.) "Malice exists, if at all, only when an unlawful homicide was committed with the 'intention unlawfully to take away the life of a fellow
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