In what circumstances have the courts allowed the trial judge to interpret the definition of first degree murder as 'Willful, deliberate and premeditated' but not that produced Page 710?
California, United States of America
The following excerpt is from People v. Smith, 108 Cal.Rptr. 698, 33 Cal.App.3d 51 (Cal. App. 1973):
In the light of the record, the error was not prejudicial. In response to People v. Conley, supra, the trial judge's instruction included the standard instruction (CALJIC 8.20), which defines first degree murder as that perpetrated by 'Willful, deliberate and premeditated killing,' formed 'upon preexisting reflection' but not that produced
Page 710
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