Can a defendant be convicted of first degree murder even if charged only with murder with malice?
California, United States of America
The following excerpt is from People v. McCurdy, 176 Cal.Rptr.3d 103, 331 P.3d 265, 59 Cal.4th 1063 (Cal. 2014):
We have repeatedly rejected this contention and have concluded that a defendant may be convicted of first degree murder even if charged only with murder with malice in violation of section 187. ( Tate, supra, 49 Cal.4th at pp. 696697, 112 Cal.Rptr.3d 156, 234 P.3d 428; see People v. Jones (2013) 57 Cal.4th 899, 968969, 161 Cal.Rptr.3d 295, 306 P.3d 1136.) We do so again here.
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