What is the test for second-degree murder?
California, United States of America
The following excerpt is from People v. Vasquez, B221106, Los Angeles County Super. Ct. No. VA104498 (Cal. App. 2010):
Appellant was convicted of second degree murder. Murder is the unlawful killing of a human being with malice aforethought. ( 187, subd. (a).) Second degree murder is the unlawful killing of a human being with malice aforethought, but without the premeditation, deliberation and willfulness required to be first degree murder. (People v. Nieto Benitez (1992) 4 Cal.4th 91, 102.)
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