MURDER Errington & Others Case (England, 1838) R v. Vickers (England, 1957) Commonwealth v.

McLaughlin (Penn, 1928) King v. State (AL, 1987) State v. Hokenson (Idaho, 1974) People v. Patterson (CA, 1989) State v. Mayle (VW, 1987) People v. Hansen (CA, 1994) Commonwealth v. Drum (Penn, 1868) People v. Perez (CA, 1992) convicted of 1 murder. Was said to have premeditated his murder while he went to find a replacement knife after beginning to stab a woman to death in her home. Ct compared it to reloading a gun. **Steffey Disagrees. Not a whole lot of evidence for a 1 intent to kill case. Most of the evidence could have also pointed to him intending to steal from her or coming to have an affair. 1. MURDER DEFINED Homicide: killing of a human being. Murder: killing of a human being with malice aforethought; or felony murder. Malice: [1] intent to kill; [2] intent to inflict grievous bodily harm; [3] acting with a depraved heart (under the Model Penal Code, acting "recklessly" with "extreme indifference to the value of human life"); [4] felony murder. "Recklessly" with "extreme indifference to the value of human life [EIVHL]". More specifically, in Model Penal Code terms, a person acts recklessly where he consciously disregards a substantial and unjustifiable risk of death to the victim. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances know to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation. Killing recklessly with "extreme indifference to the value of human live" is murder. In short, acting recklessly means subjective disregard for a very high risk that death may result and a gross deviation from the stand of care. 2. TYPES OF MALICE Express Malice: Intent to kill. Implied Malice: Intent to inflict grievous bodily harm [or serious bodily injury] or acting with a depraved heart [in MPC terms acting recklessly with EIVHL]. Constructive Malice: = Felony Murder. 3. DEGREES OF MURDER First Degree Murder: [1] murder by means of poison, lying in wait, or any other kind of willful,1 deliberate,2 and premeditated3 killing Many jurisdictions define willful, deliberate, and premeditated to mean no more than intent to kill. See Commonwealth v. Drumm, casebook p. 152. [2] killing during the commission or attempted commission of arson, rape, robbery, burglary or other felony specifically set forth in the statute. In sum, first degree murder is intent to kill murder, or felony murder. Second Degree Murder: all other murder.

4. FELONY MURDER Felony Murder [constructive malice]: majority rule: killing in the commission or attempted commission of an inherently dangerous felony; minority rule: a small number of jurisdictions apply the felony murder rule to any felony committed in a dangerous way, or any felony at all. First Degree Felony Murder: killing during the commission or attempted commission of arson, rape, robbery, burglary, or other felony specifically set forth in the statute. Second Degree Felony Murder: killing during the commission or attempted commission of a felony not specifically set forth in the statute. 5. MANSLAUGHTER Manslaughter: criminal homicide that's not murder; criminal homicide committed without malice (remember that murder is criminal homicide committed with malice). At common law, manslaughter served as a "catch-all" category by which all criminal homicide which was not murder was defined as manslaughter.