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Recursion

(56,582 posts)
Wed Nov 26, 2014, 11:45 PM Nov 2014

The degrees of homicide under MO law

Just thought this might be helpful

Murder is unlawful killing with malice

Murder 1 is killing with
* Premeditation and deliberation (ie, "in cold blood&quot
OR
* Atrocity and cruelty
OR
* As part of another felony

Murder 2 is all other murder, ie
* With malice
BUT
* Without premeditation or deliberation
AND
* Without atrocity or cruelty
AND
* Not as part of another felony
("deliberation" has a very high standard, so murder 2 is the highest charge anybody could reasonably have expected against Wilson, and IMO that's a stretch -- non-felony murder of a stranger is essentially unknown)

Manslaughter is unlawful killing without malice

Voluntary manslaughter is killing
* In hot blood (during an altercation or quarrel, "in the heat of passion", etc.)
(This is what I would have voted to indict on from what I've seen)

Involuntary manslaughter is killing
* During the commission of a crime that is not a felony
OR
* While doing something legal in a grossly negligent manner
(This would have a better chance at trial than voluntary manslaughter)

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The degrees of homicide under MO law (Original Post) Recursion Nov 2014 OP
At the very, very least MannyGoldstein Nov 2014 #1
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