What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)?
California, United States of America
The following excerpt is from People v. Batiste, B304029 (Cal. App. 2020):
A jury convicted defendant of second degree murder (Pen. Code,1 187) and found true allegations that he used deadly and dangerous weapons (a stabbing weapon and shod feet) ( 12022(b)) and personally inflicted great bodily injury ( 1203.075).2 We affirmed the judgment in an unpublished opinion. (People v. Batiste (Mar. 29, 1989, B032031 [nonpub. opn.].)
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