second degree murder – committed with intent to kill, but not premeditated or deliberate

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second-degree murder:

1. Murder that is not aggravated by any of the circumstances of first-degree murder. — aka murder of the second degree; murder two. [1]

1. The killing of a person by intent but without premeditation or deliberation, or, as otherwise stated, without malice aforethought or express malice. 26 Am J1st Homi § 38

Roughly stated, any offense of murder not in the first degree.  Murder without express malice or a state of facts justifying or excusing the killing or reducing the offense to manslaughter.  Often defined by statute as the killing of a person perpetrated by any act imminently dangerous to others and evidencing a depraved mind regardless of human life, although without any premeditated design to effect the death of any person. 26 Am J1st Homi §43. [2]

1. A murder that does not fall into the category of first degree murder; a murder committed with intent to kill, but without premeditation or deliberation. [3]

Types of Second Degree Murder:

depraved-heart murder – a murder resulting from an act so reckless and careless of the safety of others, it demonstrates the perpetrator’s complete lack of regard for human life. — aka depraved indifference murder; unintentional murder; extreme indifference murder; depraved-mind murder.


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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