What is the test for determining whether a murder is in the first degree or the second degree?
California, United States of America
The following excerpt is from Tu v. Superior Court, 5 Cal.App.4th 1617, 7 Cal.Rptr.2d 758 (Cal. App. 1992):
Under section 190.2, subdivision (a)(3), one murder must be in the first degree and the other in the first or second degree. (People v. Mattson (1990) 50 Cal.3d 826, 875, 268 Cal.Rptr. 802, 789 P.2d 983.)
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