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Criminal Law keyed to Dripps
Commonwealth v. Drum
Facts
Drum (Defendant) was charge with murder. At trial, the judge defined murder as “when a person of sound memory and discretion unlawfully killed with malice aforethought, expressed or implied.” Where a deliberate intention to kill existed, and where no malice aforethought appeared, murder was distinguished into first and second-degree murder. If intent to kill existed, it was willful; if intent was evidenced in a sound mind, it was deliberate; and if sufficient time was afforded to frame the design and carry it into execution, it was premeditated. Proof could be inferred from the circumstances. If no intent to kill could be inferred, the verdict was required to be murder in the second degree. Manslaughter was the voluntary or involuntary unlawful killing of another without malice, expressed or implied. The jury convicted Defendant of second-degree murder.
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