State v. Fleming

Two issues are presented for our determination in this case. The first is whether a Trial Court’s (Nadeau, J.) instructions to a jury on an indictment for second-degree murder must include an explanation of the term “malice aforethought.” The second is whether the trial court erred in sentencing the defendant to pay $36,000 in restitution to the victim’s family. We hold that the use of the term “malice aforethought” is not required in a jury charge for second-degree murder. In addition, we find that the trial court erred in sentencing this defendant to make the restitution ordered.

The…