common law murder Flashcards

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1
Q

What is common law murder?

A

Common law murder is the unlawful killing of a human being with malice aforethought.

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2
Q

What is malice afore thought?

A

Malice aforethought exist if there is no facts reducing the killing to voluntary manslaughter or excusing it AND it was committed with one of the following states of minds:
1. Intent to kill;
2. Intent to inflict great bodily harm
3. Reckless indifference to an unjustifiably high risk to human life.
4. Intent to commit a felony (under the felony murder rule)

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