California, United States of America
The following excerpt is from People v. Martinez, F059246 (Cal. App. 2012):
Murder is the unlawful killing of a human being with malice aforethought. ( 187, subd. (a).) The crime is voluntary manslaughter if a defendant unlawfully kills another without malice aforethought. (People v. Blacksher (2011) 52 Cal.4th 769, 832.) If malice is present, the jury must determine if the murder is of the first or second degree. As relevant here, first degree murder is a murder that is committed willfully, deliberately, and with premeditation. ( 189.) Every murder that is not of the first degree is second degree murder. (Ibid.)
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