California, United States of America
The following excerpt is from People v. Atkins, 125 Cal.Rptr. 855, 53 Cal.App.3d 348 (Cal. App. 1975):
With respect to the murder charge, the court instructed the jury on general criminal intent because under the evidence the case was not a first degree murder case. Consequently there were instructions on malice aforethought and the lesser included offense of involuntary manslaughter. Then, although an instruction on specific intent, such as would be required for a first degree murder verdict, was proferred, it was not given. This refusal to give a specific or 'deliberate intent' instruction on second degree murder in addition to a properly give instruction delineating malice aforethought was not only errorless--it would have been error to give it. (People v. Valentine (1946) 28 Cal.2d 121, 131--132, 169 P.2d 1; People v. Goodman (1970) 8 Cal.App.3d 705, 708--709, 87 Cal.Rptr. 665; Pen.Code, 187, 189.)
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