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Unformatted text preview: st degree murder. Issue: Broad Question: Narrow Question: Does the state have to prove that he intended to kill his daughter? Rule: First degree murder by poison, jury needs to find that it was intentional poisoned, with malice, and that the poison was the proxy cause of death to the victim. Rational: Intent is not needed in the category of first-degree murder of poison, lying in wait, imprisonment, starving, or torture because they already have a premeditated background to them. Holding: No, state does not have to prove he intended to kill his daughter because that intent already included with poisoning. Synthesis: No need for intent to kill for it to be malious. Also, if there was a case for intent to kill, we can also talk about intent to kill and intent for great bodily injury. Dissent/Concurrences:...
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.
- Spring '11