In order to prove the defendant guilty of murder in the second degree the Commonwealth must prove two elements beyond a reasonable doubt:
- An Unlawful Killing
- An unlawful killing is a killing done without excuse. Not all killings are unlawful. A killing may be excused, for example, in the case of self-defense, defense of another or, in some cases, accident. The burden of proof is on the Commonwealth to prove beyond a reasonable doubt that the defendant unlawfully killed the deceased.
- Malice
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For purposes of murder in the second degree, malice may be proved in any one of three ways. Malice, in this context, includes:
- An intent to cause death.
- An intent to cause grievous bodily harm.
- An intent to do an act that, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death will result.