What is the test for reducing first degree murder to second degree murder?

California, United States of America


The following excerpt is from People v. Barton, 12 Cal.App.4th 481, 15 Cal.Rptr.2d 649 (Cal. App. 1993):

Noting that provocation insufficient to reduce murder to voluntary manslaughter might, nonetheless, create a doubt as to deliberation and premeditation and thus reduce first degree murder to second degree murder, and finding evidence of such provocation, the court reversed on the basis the trial court had erred in failing to instruct on the lesser included offense of second degree murder. (People v. Wickersham, supra, 32 Cal.3d at pp. 329-330, 185 Cal.Rptr. 436, 650 P.2d 311.)

Other Questions


How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
Under what circumstances will provocation reduce a man's first degree murder to second degree murder? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
What is the test for reducing first degree murder to second degree murder? (California, United States of America)
What is the test for reducing a jury's second degree murder conviction from first to second degree burglary? (California, United States of America)
Can provocation reduce first degree murder to second degree murder? (California, United States of America)
Can provocation reduce first degree murder to second degree murder? (California, United States of America)
What is the test for reducing first degree murder to second degree murder? (California, United States of America)
How have courts reduced a convicted first-degree murderer's sentence to second-degree murder? (California, United States of America)
How does evidence of voluntary intoxication reduce a defendant's first degree murder to second degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.