Murder Conviction Not Undermined by Use of Old Instruction on Implied Malice—C.A.
Div. Three of the Fourth District Court of Appeal has held that a man was properly convicted of second-degree murder relating to an Orange County freeway shooting that killed a child sitting in the backseat of his mother’s car, rejecting the defendant’s assertion that the judgment was invalidated due to the court’s use of a since-replaced jury instruction on implied malice.
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