What are the elements of implied malice second degree murder and voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Mendez, B272175 (Cal. App. 2017):

Defendant contends the trial court should have instructed the jury on the lesser included offenses of implied malice second degree murder and voluntary manslaughter, with the latter offense encompassing both a heat of passion and an imperfect self-defense theory. (See generally People v. Elmore (2014) 59 Cal.4th 121, 133-134 [reviewing the elements of second degree murder (an unlawful killing with either express or implied malice but without additional elements that would support a conviction for first degree murder) and voluntary manslaughter (an unlawful killing, without malice, attributable to the heat of passion or unreasonable self-defense)]; see also People v. Gonzalez, supra, 54 Cal.4th at p. 653 ["Malice is implied when a person willfully does an act, the natural and probable consequences of which are dangerous to human life, and the person knowingly acts with conscious disregard for the danger to

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