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Could fairly easily fit the definition of
Wed Sep 12, 2018 11:15am

2nd degree murder.

Not pre-meditated. Heat of the moment... so no 1st degree.

But carried out in the commission of a crime (trespass with a firearm). But again since the crime wasn't premeditated, no 1st degree applies.

IMO it would be pretty easy to argue 2nd degree over 3rd degree.

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