What is the test for reducing to second degree murder?
California, United States of America
The following excerpt is from People v. Castrellon, E065592 (Cal. App. 2019):
A reduction to second degree murder, however, similarly requires that the accused must form the intent to kill as a direct and immediate response to the provocation. (People v. Fenenbock, supra, 46 Cal.App.4th at p. 1705.) It follows that merely seeing a
Page 10
"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)
How have courts reduced a convicted first-degree murderer's sentence to second-degree murder? (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)
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)
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)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (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)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
What is the test for reducing 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)
