California Court of Appeal

Defendant's conviction for first degree murder is reversed and remanded, where the trial court’s response to the jury's question about the definition of second degree murder was error to the extent it: 1) sanctioned a verdict that was not unanimous as to degree; and 2) advised the jury that defendant, rather than the actual killer, acted with malice aforethought.

Appellate Information

• Decided 11/27/2013
• Published 11/27/2013

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel