In what circumstances will a jury be able to reach a verdict of second degree murder?

Defendant urges, in effect, that such references as there were to first degree murder in the set of instructions given by the trial court at least suggested to the jury that one verdict open to them was first degree murder, that this intimation really was not cured by the delayed informal observation of the trial court to the jury that there was no indication in the evidence of premeditation, and that it influenced the jury to the extent of causing it to bring in a compromise verdict of second degree murder when the factors supportive of that verdict were not as strong as those supportive of a verdict of manslaughter or of not guilty on the basis of excusable homicide. In his supplemental brief, defendant urges that this irregularity was compounded by an inappropriate instruction relating to second degree murder. He urges that the closing subordinate phrase in the instruction, as given, involving absence of intent, is even more defective than a similarly placed subordinate phrase involving felony murder which was strongly condemned in People v. Cobas, 12 Cal.App.3d 952, 91 Cal.Rptr. 110.