State v. Buhr

OPINION

HENDLEY, Judge.

Convicted of second degree murder, defendant appeals raising two points for reversal. Defendant’s first point is dispositive of the appeal because the instruction defining second degree murder is erroneous.

We reverse.

The questioned instruction states:

“* * * the unlawful killing of a human being done with malice ’'aforethought but without deliberation- and premeditation, that is, without the willful, deliberate and premeditated intent to take life which is an essential element of first degree murder. In practical application, this means that the unlawful killing of a…