CRM/LAW C144 Lecture Notes - Lecture 9: Canola, Misdemeanor, Homies
4 May 2017
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Homicide and felony-murder: the difference between murder and manslaughter: malice aforethought, the difference between murder 1 and murder 2: premeditation and deliberation. Issue on appeal is whether or not those instructions were sufficient: court says mere intent is not the same as premeditation, the accused must kill purposely after contemplating the intent to kill, remanded for retrial with correct instructions. Maher v. people: wife was having an affair with another man, so defendant shot the man, assault with intent to kill, he said he was provoked by the affair. Provocation over a long period of time v. provocation over a short period of time (e. g. ) Carroll, years and years of conflict: generally, provocation over a long period of time goes to motive, provocation over a short period of time is passion. Provocation cases: generally limited in some part to the act of the victim.
