La. Stat. Ann. § 14:30.1

Section 14:30.1(A)(1) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the manner of the attack.

State v. Moore · filed 2011-09-07(A)(1)

Second-degree murder is defined as “the killing of a human being ... when the offender has the specific intent to kill or to inflict great bodily harm”. La. R.S. 14:30.1 A(l). ... Here, the specific intent to kill may be inferred from the manner in which Ms. Rader was attacked. Because Ms. Rader received two stab wounds to her neck and a large cut into her liver and lung, it is clear that someone had the specific intent to kill her or to inflict great bodily harm. Her killing was surely not accidental; it was an intentional killing.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, which may be inferred from the circumstances and the defendant's conduct.

State v. Cook · filed 2012-01-25(A)(1)

The offense of second degree murder is defined by La. R.S. 14:30.1, which provides, in part: “A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.” ... It is widely held that the discharge of a firearm at close range and aimed at a person is indicative of a specific intent to kill or inflict great bodily harm upon that person.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and the court upheld the finding that D.D.'s conduct demonstrated that intent.

State ex rel. D.D. · filed 2012-03-07

P.P. was charged with second degree murder, a violation of La.R.S. 14:30.1. That statute states, in pertinent part that “[sjecond degree murder is the killing of a human being ... [wjhen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... Given the surfeit of evidence indicating that D.D. was capable of “sufficient forethought, planning, and understanding” and the lack of evidence showing the amounts and timing of D.D.’s ingestion of any intoxicating substances, we find no error in the trial court’s determination that D.D. was not so intoxicated that he could not form specific intent at the time of the offense.

Section 14:30.1 covers a killing committed with specific intent to kill or to inflict great bodily harm.

State v. Trahan · filed 2012-07-02

A rational trier of fact could find from this evidence that defendant discharged the high-powered hand gun by pulling the trigger while holding the gun |nno more than three or four feet from the victim as *1000he stood defenseless and bent over the washbasin in the bathroom with his back turned towards her, and from that evidence, that defendant had the specific intent to kill or to inflict great bodily harm, although she may then have become emotionally overwrought by what had just happened.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Taylor · filed 2012-07-18(A)(1)

La. R.S. 14:30.1(A)(1) provides that second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. ... Viewing physical evidence and testimony in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.

Section 14:30.1(A)(1) requires proof beyond a reasonable doubt that the defendant killed the victim with the specific intent to kill or inflict great bodily harm.

State v. Burke · filed 2012-10-31(A)(1)

The defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. Conviction for second degree murder requires, inter alia, proof beyond a reasonable doubt that the perpetrator killed the victim while having the specific intent to kill him or inflict great bodily harm upon him.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Francis · filed 2013-04-03(A)(1)

“Second degree murder is the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1(A)(1). “It is well-settled that the act of pointing a gun at a person and firing the gun is an indication of the intent to kill that person.” ... “We find the evidence sufficient to convict Defendant of second degree murder, and Defendant‟s assignment of error lacks merit.”

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Carmouche · filed 2013-04-03(A)(1)

Defendant was charged with second degree murder defined in La.R.S. 14:30.1(A)(1) as “the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... The testimony and evidence also showed that Defendant had the specific intent to kill or to inflict great bodily harm as evidenced by his actions during and after the commission of the offense.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm; pointing a gun at a person and firing it indicates specific intent to kill.

State v. Francis · filed 2013-04-03(A)(1)

“Second degree murder is the killing of a human being ... [w]hen the offender has a specific intent to kill or to *534inflict great bodily ham.” La.R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Morgan · filed 2013-06-07(A)(1)

Second degree murder is defined, in pertinent part, as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... Specific intent is an ultimate legal conclusion to be resolved by the trier-of-fact. ... We are convinced that any rational trier-of-fact, viewing the evidence presented at trial in the light most favorable to the State, could have found the evidence proved beyond a reasonable doubt, and to the exclusion of every reasonable hypothesis of innocence, all of the elements of second degree murder and the defendant’s identity as the perpetrator.

Section 14:30.1(A)(1) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm; that intent may be inferred from the circumstances and the defendant’s actions.

State of Louisiana v. William King, III · filed 2013-11-06(A)(1)

Second degree murder under these facts “is the killing of a human being . . . [w]hen the offender has a specific intent to kill or inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Here, Defendant admittedly kicked the helpless victim twice in the jaw, apparently without any provocation. He stomped Armstrong’s neck area and forehead so hard he left an imprint of his shoe in Armstrong’s skin. He fractured Armstrong’s hyoid bone and thyroid cartilage. Dr. Carney testified those injuries could have caused neck compression and led to Armstrong’s death. Defendant also stomped Armstrong’s groin area and “demolished” Armstrong’s groin area while declaring Armstrong would never have any kids. Armstrong’s blood and DNA were on Defendant’s shoes. The jury could reasonably conclude that Defendant at the very least intended to inflict great bodily harm on Armstrong. ... One does not kick or stomp a victim with enough force to fracture his neck area or demolish his groin area without the specific intent to at least inflict great bodily harm, if not to actually kill. Both the nature and the extent of the injuries infer the specific intent to kill or cause great bodily harm. Thus, the evidence was sufficient to establish Defendant’s specific intent and his guilt.

Section 14:30.1(A)(1) makes a killing second-degree murder when the offender specifically intends to kill or inflict great bodily harm.

State v. King · filed 2013-11-06(A)(1)

Second degree murder under these facts “is the killing of a human being ... [w]hen the offender has a specific intent to kill or inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... The jury could reasonably conclude that Defendant at the very least intended to inflict great bodily harm on Armstrong. ... Thus, the evidence was sufficient to establish Defendant’s specific intent and his guilt. Defendant’s arguments lack merit.

Section 14:30.1(A)(1) defines second degree murder to include a killing committed with the specific intent to kill or inflict great bodily harm; explicit threats and testimony that the defendant intended great bodily harm supported that element.

State v. Free · filed 2013-11-20A(1)

La. R.S. 14:30.1 provides, in part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm. ... Because the defendant explicitly threatened to kill T.J. just before shooting him and testified at trial that he intended to inflict great bodily harm, the record contains ample proof that the defendant had the specific intent to kill his stepson.

Subsection (A) defines second-degree murder to include killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Weathersby · filed 2014-04-16(A)

Second degree murder is defined in pertinent part as the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1(A). Specific criminal intent is that state of mind which exits when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow from his act. La. R.S. 14:10(1). Specific intent can be formed in an instant. State v. McElveen, 2010-0172, p. 20 (La.App. 4 Cir. 9/28/11), 73 So.3d 1033, 1052 (citing State v. Cousan, 94-2503, p. 13 (La.11/25/96), 684 So.2d 382, 390).

Section 14:30.1(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm; the court upheld the conviction where the evidence supported that finding beyond a reasonable doubt.

State v. Allen · filed 2013-11-20(1)

The defendant was convicted of second degree murder, defined in pertinent part by La. R.S. 14:30.1(1) as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... Considering the facts of this case detailed hereinabove, and viewing all the evidence in a light most favorable to the prosecution, any rational trier of fact could have found beyond a reasonable doubt that defendant was the individual who shot and killed the victim while having the specific intent to kill or to inflict great bodily harm upon him. There is no merit to this assignment of error.

Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the defendant's actions.

State v. Brooks · filed 2014-05-14

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. Specific intent is the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1); State v. Davis, 40,382 (La.App.2d Cir.10/26/05), 914 So.2d 1129, writ denied, 2005-2419 (La.4/17/06), 926 So.2d 512. As a state of mind, specific intent need not be proved as a fact; it may be inferred from the circumstances and the actions of the defendant. State v. Kahey, 436 So.2d 475 (La.1983); State v. Davis, supra. The discharge of a firearm at close range and aimed at a person is indicative of a specific intent to kill or inflict great bodily harm upon that person. State v. Murray, supra; State v. Johnson, 27,522 (La.App.2d Cir.12/6/95), 665 So.2d 1237. The determination of whether the requisite intent is present is a question for the trier of fact. State v. Huizar, 414 So.2d 741 (La.1982); State v. Davis, supra.

Section 14:30.1(A)(1) permits a second-degree-murder conviction when the offender specifically intends to kill or inflict great bodily harm, and that intent may be inferred from the extent and severity of the victim's injuries.

State of Louisiana v. Harold Lee Julien, Jr. · filed 2014-05-21(A)(1)

Louisiana Revised Statutes 14:30.1 provides, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of . . . cruelty to juveniles, second degree cruelty to juveniles even though he has no intent to kill or inflict great bodily harm. ... Specific intent to kill or inflict great bodily harm may be inferred from “the extent and severity of the victim’s injuries.” ... However, the baby’s injuries themselves, could exhibit, at the very least, Defendant’s specific intent to inflict great harm upon him.

Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, and severe injuries may support finding that intent.

State v. Julien · filed 2014-05-21(A)(1)

Louisiana Revised Statutes 14:30.1 provides, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of ... cruelty to juveniles, second degree cruelty to juveniles even though he has no intent to kill or inflict great bodily harm. ... Defendant is correct in that the only evidence given at trial to establish the offense of second degree murder was the fact that he was the primary caregiver and that the child was in his care the day of the discovery of the injuries, which does not establish the necessary element of specific intent to kill or inflict injury or unjustifiable pain or suffering. However, the baby’s injuries themselves, could exhibit, at the very least, Defendant’s specific intent to inflict great harm upon him. ... We conclude that the evidence was sufficient to exclude any reasonable hypothesis of innocence that anyone other than Defendant inflicted the injury which resulted in the baby’s death. ... We find the testimony does not support Defendant’s contention that the injury which resulted in the baby’s death was caused in the heat of passion. Accordingly, the evidence was sufficient to support Defendant’s conviction for second degree murder.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and firing a handgun directly at the victim or into a crowd indicates specific intent to kill.

State of Louisiana v. Wilford B. Vangure AKA Wilfred Vangure AKA Wilfred B. Vangure · filed 2014-06-04(A)(1)

As it applies to this offense, second degree murder is defined as “the killing of a human being” “[w]hen the offender has the specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Based on this evidence, we find that the defendant’s act of firing a handgun, whether it be directly at the victim or into a crowd, indicated his specific intent to kill.

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, which may be inferred from the severity of the victim’s injuries.

State v. Harmon · filed 2014-06-04(A)(1)

Louisiana Revised Statutes 14:30.1(A)(1), as it applies to this matter, defines second degree murder as “the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” Additionally, specific intent to kill may be inferred by the severity of a victim’s injuries. State v. King, 13-469 (La.App. 3 Cir. 11/6/13), 124 So.3d 623. In this matter, Ms. Wood’s killer clearly evidenced the intent to kill and inflict great bodily harm: he slit her throat, shot her in the head three times, and set her on fire. He also used a ligature around her neck for obvious control purposes.

Section 14:30.1(A) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State v. Murray · filed 2015-01-14(A)

La. R.S. 14:30.1(A) defines second degree murder, in pertinent part, as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm [.]” ... The evidence was sufficient to prove, beyond a reasonable doubt, that Defendant had specific intent to kill Marshall and had specific intent to kill or inflict great bodily harm on Simo.

Section 14:30.1(A)(1) makes second-degree murder the killing of a human being when the offender specifically intends to kill or inflict great bodily harm.

State v. Harris · filed 2015-03-04(A)(1)

Mr. Harris was charged with second degree murder which is defined, in pertinent part, as follows: ... (1) When the offender has a specific intent to kill or to inflict great bodily harm; ... La.R.S. 14:30.1 ... Considering the victim’s cause and manner of death, we find that there was sufficient evidence that whoever inflicted the injuries upon Aleecia Miller specifically intended to kill the victim or to inflict great bodily harm, or without such intent, killed her while committing cruelty to a juvenile.

Section 14:30.1 defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Wilson Locke, Jr. · filed 2014-03-05(1)

Second degree murder is defined, in pertinent part, as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1. ... Aiming a gun directly at a victim and pulling the trigger supports a finding of specific intent to kill or inflict serious harm to the victim. ... Accordingly we find no error in the jury‟s determination that the evidence supported a conviction for second degree murder.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Fontenot · filed 2015-03-18(A)(1)

Second degree murder is the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... The evidence was sufficient for the jury to conclude that Defendant intended to kill Bourgeois. It is accepted jurisprudence that pointing a gun at a person and pulling the trigger indicates specific intent to cause serious bodily harm or death to that person.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Manzy C. Watson AKA - Manzy Lashawn Watson AKA - Manzy L. Watson · filed 2015-10-07(A)(1)

Second degree murder is defined as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). Specific criminal intent is “that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.” La.R.S. 14:10(1). Specific intent to kill or inflict great bodily harm may be inferred from “the extent and severity of the victim’s injuries.”

Section 14:30.1(A)(1) defines second-degree murder as killing a person with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Berard · filed 2015-10-07(A)(1)

Second degree murder is defined as the killing of a person “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Furthermore, the fact that Defendant stabbed his wife so many times exhibited his intent to at least cause her great bodily harm. ... The evidence was sufficient to find Defendant guilty of second degree murder beyond a reasonable doubt.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the extent and severity of the victim's injuries.

State of Louisiana v. Adam Batiste, III · filed 2016-04-06(A)(1)

In the current case, the defendant was convicted of second degree murder, which is the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Specific intent is a state of mind and as such, it need not be proven as a fact, but may be inferred from the circumstances of the transaction and the actions of the defendant. ... Further, the intent to kill or to inflict great bodily harm may be inferred from the extent and severity of the victim’s injuries. ... The circumstances indicated beyond a reasonable doubt that the defendant intentionally inflicted serious bodily harm on Ms. Spencer and that she died as a result.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm; that specific-intent requirement supports an attempted second-degree-murder verdict.

State v. Jones · filed 2016-10-05(A)(1)

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Accordingly, we find correct the jury’s determination that Jones had specific intent to kill or inflict great bodily harm on Weary, supporting the verdict of attempted second degree murder.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict serious bodily harm, and specific intent may be inferred from the circumstances and the defendant’s actions.

State v. Guillory · filed 2016-11-02(A)(1)

“Second degree murder is the Mlling of a human being ... [w]hen the offender has the specific intent to Mil or inflict serious bodily harm.” La.R.S. 14:30.1(A)(1). “Specific intent need not be proven as a fact and may be inferred from the circumstances present and the actions of the defendant.” ... Aiming a gun directly at a victim and pulling the trigger supports a finding of specific intent to kill or inflict serious harm to the victim.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Vincent Devonte Dotson AKA Vincent Dotson · filed 2016-10-05(A)(1)

“Second degree murder is the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm . . . .” La.R.S. 14:30.1(A)(1). ... After a review of the evidence, we find the evidence at trial was sufficient to show Defendant had the specific intent to kill the victim or cause him great bodily harm. Defendant was known to carry a revolver that matched the type of weapon from which the bullet was fired. The undisputed and uncontested evidence showed Defendant aimed a loaded revolver at the victim and shot him without provocation.

Section 14:30.1(A)(1) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Bertrand · filed 2016-12-28(A)(1)

Second degree murder is defined as the “killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... We conclude that the evidence presented by the State was sufficient to prove Defendant’s guilt beyond a reasonable doubt. ... Dr. Welke’s conclusion, based on his autopsy of the victim’s body, was that the victim died from drowning preceded by, or concomitantly with, strangulation or attempted strangulation. This was Defendant’s plan as testified to by Mr. LeBleu, a witness that the jury heard and had the choice to believe. Finally, Defendant attempted to conceal himself in the attic to evade capture, a further indication of his guilt. See State v. Davies, 350 So.2d 586 (La.1977). Considering the evidence presented in this case, we conclude that the State proved Defendant’s guilt beyond a reasonable doubt.

Section 14:30.1(1) defines second degree murder to include killing with specific intent to kill or inflict great bodily harm, and the prosecution must prove that intent beyond a reasonable doubt.

State of Louisiana v. Dangerfield · filed 2017-03-01(1)

Louisiana Revised Statutes 14:30.1 states, in pertinent part, “[s]econd degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm[.]” Accordingly, at trial, the prosecution has the burden of proving beyond a reasonable doubt that the defendant had the specific intent to kill or inflict great bodily harm upon a victim.

Section 14:30.1 defines second degree murder to include a killing committed with the specific intent to kill or inflict great bodily harm, and requires the prosecution to prove that intent beyond a reasonable doubt.

State v. Dangerfield · filed 2017-03-01(1)

Louisiana Revised Statutes 14:30.1 states, in pertinent part, “[sjecond degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm[.]” Accordingly, at trial, the prosecution has the burden of proving beyond a reasonable doubt that the defendant had the specific intent to kill or inflict great bodily harm upon a victim.

Section 14:30.1(A)(1) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Hawkins · filed 2017-05-17(A)(1)

Second degree murder is defined, in pertinent part, by La. R.S. 14:30.1 as follows: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or 1 ir(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated-arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm. ... While Mr. Stewart testified that Mr. Bryer allowed Mr. Hawkins and Mr. Lewis *1150into the apartment and indicated that they should “do what they came to do,” this only tends to support the element of intent for second degree murder under La. R.S. 14:30.1.

Section 14:30.1(A)(1) defines second-degree murder, in pertinent part, as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Dyson · filed 2017-06-02(A)(1)

The crime of second degree murder, in pertinent part, “is the killing of a human being: (1) [w]hen the offender' has a specific intent to kill or to inflict great bodily harm[.]” La. R.S. 14:30.1(A)(1). ... Viewing the evidence presented at trial in the light most favorable to the State, we are convinced that any rational trier of fact could find the evidence proved beyond a reasonable doubt, and to the exclusion of every reasonable hypothesis of innocence, all of the elements of second degree murder and aggravated battery regarding the defendant.

Section 14:30.1(A)(1) requires proof that the defendant specifically intended to kill or inflict great bodily harm for a second-degree-murder conviction.

State of Louisiana v. Bourg · filed 2017-06-21(A)(1)

Second degree murder was defined to the jury as “the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.” See La.R.S. 14:30.1(A)(1). ... A rational juror could easily have found that Mr. Bourg formed the specific intent to shoot the victim when he reached down by his seat, unlatched the strap of the holster, pulled the gun from its holster, held it by its stock, not by its barrel, and placed his finger on the trigger.

Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, and firing a firearm at a person from close range indicates that intent.

State of Louisiana v. Corlious C. Dyson AKA Corlious Corall Dyson · filed 2017-05-17(A)(1)

In the current case, Defendant was convicted of second degree murder, which is defined in pertinent part as “the killing of a human being: 1) When the offender has a specific intent to kill or inflict great bodily harm[.]” La. R.S. 14:30.1(A)(1). ... The discharge of a firearm at close range aimed at a person indicates a specific intent to kill or inflict great bodily harm upon that person.

Section 14:30.1(A)(1) defines second degree murder, in pertinent part, as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Jones · filed 2018-01-30(A)(1)

The crime of second degree murder, in pertinent part, is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A)(1). Thus, to prove defendant guilty as a principal to second degree murder in the present case, the state was required to prove defendant aided or abetted in the killing of a human being when he had a specific intent to kill or to inflict great bodily harm, or he directly or indirectly counseled or procured another to commit the crime.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the State need not prove that offense with fingerprint or DNA evidence.

State v. Magluilo · filed 2018-09-26(A)(1)

La. R.S. 14:30.1(A)(1) defines second degree murder as "the killing of a human being... [w]hen the offender has a specific intent to kill or inflict great bodily harm." ... There is no requirement that the state prove second degree murder with fingerprint or DNA evidence. La. R.S. 14:30.1.

Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Heard · filed 2018-11-07

Second degree murder "is the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm[. ]" La.R.S. 14:30.1. ... Based on the above testimony, we find that it was reasonable for the jury to find that the State proved beyond a reasonable doubt that Defendant was the person who killed Demetra and that all of the elements of second degree murder were established.

Section 14:30.1(A)(1) defines second-degree murder to include killing with the specific intent to kill or inflict great bodily harm; the court held that this intent may be inferred from the circumstances and was supported here by the victim's extensive injuries.

State of Louisiana v. Varnado · filed 2020-01-29(A)(1)

This level of mutilation clearly indicates a specific intent to kill or inflict great bodily harm. Just as jurors could infer that Defendant participated in these actions, they could also conclude that Defendant had the specific intent to kill Victim or inflict great bodily harm. Because the evidence was sufficient to support second-degree murder as a specific intent crime, Defendant suffered no violation of his protection against double jeopardy by virtue of his conviction on the charge of second-degree kidnapping. The instant claim is without merit.

Section 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Lachney · filed 2021-10-13(A)(1)

“Second degree murder is the killing of a human being. . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Defendant’s actions sufficiently show he intended to kill or cause great bodily harm to the victim. As such, we find that the evidence was sufficient to support the jury’s verdict.

Section 14:30.1(A)(1) makes the killing of a human being second degree murder when the offender has the specific intent to kill or inflict great bodily harm.

State of Louisiana in the Interest of C.N. · filed 2022-06-01(A)(1)

Second degree murder is defined by La.R.S. 14:30.1, which states in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.] ... Based on the record, it is clear that R.B. stabbed an unarmed person. Thus, even if the victim was advancing on R.B., the latter’s response used disproportionate force in response and the homicide was not justified. ... In light of Mincey, we conclude that R.B.’s act of killing of M.L. was not justified pursuant to La.R.S. 14:20. Thus, justification does not negate C.N.’s adjudication as an accessory. ... The “fight” described by B.G. and C.N., and depicted on Walmart security videos, was between an unarmed girl and a girl with knife. There was no evidence that M.L. had any intention of escalating the altercation beyond a fistfight. As in Logan, a factfinder could reasonably conclude that an average person would not lose self-control and stab another person under these facts. Thus, we find the State proved the underlying felony beyond a reasonable doubt—that R.B. committed second degree murder—and further, that C.N. was an accessory to second degree murder.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the court held the evidence proved that specific-intent element.

State of Louisiana v. Kennell · filed 2022-06-29(A)(1)

In the present case, Kennell was convicted of second degree murder in violation of La. R.S. 14:30.1, which is defined, in pertinent part, as “the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm[.]” ... Here, we find that there was sufficient evidence to support Kennell’s conviction for second degree murder; namely, the surveillance video from the corner store, the Ring video from a nearby residence, as well as the testimony from Mr. Credit and Major Roberts sufficiently established that Kennell had the specific intent to kill or inflict great bodily harm on Credit.

Section 14:30.1(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the victim's injuries.

State of Louisiana v. Howell · filed 2023-06-28(1)

Here, Howell was convicted of second degree murder in violation of La. R.S. 14:30.1, which is defined, in pertinent part, as “the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm[.]” Specific intent need not be proven as a fact but may be inferred from the circumstances of the transaction and the conduct of the defendant. La. R.S. 14:10(1); State v. Sanders, 52,632 (La. App. 2 Cir. 5/22/19), 273 So. 3d 635, writ denied, 19-01106 (La. 7/17/20), 298 So. 3d 169. All that is necessary is that the defendant form the specific intent to kill or inflict great bodily harm for an instant when committing the crime. Id. Specific intent to kill or inflict great bodily harm may be inferred from the circumstances of the offense, as well as the extent and severity of the victim’s injuries. Id.

Section 14:30.1 defines second degree murder through two disjunctive alternatives: specific intent to kill or inflict bodily harm, or felony murder committed during a listed felony.

State v. Payton · filed 1986-10-09(1) and (2)

Thus, someone can be convicted of second degree murder in two wholly separate and distinct ways. The first way requires two elements: (1) killing a human and (2) specific intent. The second way one can be convicted of second degree murder likewise requires two elements: (1) killing a human and (2) while committing a felony, hence "felony murder." The two distinct and separate definitions result from the disjunctive or the use of the word "or" at the end of subsection (1).

Section 14:30.1 requires specific intent to kill or inflict great bodily harm for second-degree murder, and the number and placement of the gunshot wounds can support a jury's inference of that intent.

State v. Nelson · filed 1997-12-17

The number and placement of the gunshot wounds were sufficient for the jury to infer that the defendants intended to kill or commit great bodily harm to the victim.

Section 14:30.1 requires specific intent to kill or inflict great bodily harm, and the court held that evidence of an intent at least to inflict serious bodily harm supported a second-degree-murder conviction or principal liability.

State v. Adams · filed 2004-09-29

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... The jury could have reasonably concluded from this evidence that Corey had the specific intent to, at the least, inflict serious bodily harm on Mr. Chandler and that he was guilty of second degree murder or that he was a principal to second degree murder.

Section 14:30.1(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the evidence was sufficient for a rational factfinder to find that offense.

State of Louisiana v. Milton · filed 2006-09-27(1)

Louisiana Revised Statutes 14:30.1 provides in pertinent part: “Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” ... After a review of the record, we find that there is sufficient evidence to support the defendant’s conviction. ... When we examine the evidence in the light most favorable to the prosecution, we determine that a rational trier of fact could have found the defendant guilty of second degree murder.

Section 14:30.1's second-degree murder elements were proven beyond a reasonable doubt, despite the defendant's claim of self-defense.

State v. Brooks · filed 2012-12-12

The evidence presented at trial overwhelmingly supports the state’s case, including the rejection of the defendant’s claims of self-defense. All elements of second degree murder were proven beyond a reasonable doubt.

Section 14:30.1(A)(1) defines second-degree murder as killing another person with specific intent to kill or inflict great bodily harm, and that intent may be established by the circumstances and the nature of the attack.

State v. Vercher · filed 2015-05-06(A)(1)

Second degree murder is defined as the killing of another “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[J” La.R.S. 14:30.1. ... Initially, we note that, in the current case, the fact of Defendant’s acts of first stabbing the victim in the chest, then switching knives and cutting her throat, indicates that, at the very least, he specifically intended to inflict serious bodily harm. ... Viewing the evidence in a light most favorable to the State, there is sufficient evidence to find specific intent to kill or inflict serious bodily injury. However, Defendant failed to demonstrate by a preponderance of the evidence that he was provoked into losing his self-control and stabbing the victim and killing her.

Section 14:30.1 covers a killing committed with specific intent to kill or inflict great bodily harm; circumstantial evidence can support a conviction when it establishes guilt beyond a reasonable doubt.

State v. Gary · filed 2017-05-03(A)(1)

The evidence, taken as a whole, in the light most favorable to the prosecution, was sufficient for a rational juror to find beyond a reasonable doubt that the defendant was guilty of second degree murder.

Second degree murder under the specific intent theory requires proof that the defendant intended to kill or inflict great bodily harm.

State of Louisiana Versus Kemon Joshua Howard AKA "Tut" AKA "Glockboy Tut" AKA "Glockboy" · filed 2024-12-18(A)(1)

Applying these legal principles to the evidence established in this case, a rational trier of fact could have found under the Jackson standard that the State carried its burden of proving beyond a reasonable doubt that defendant acted with specific intent to kill or inflict great bodily harm and did not act in self-defense.

Evidence that a defendant forcibly entered an apartment and shot a victim he found in bed can support a second degree murder conviction.

State v. Carrier · filed 1996-03-06

Defendant forcibly entered the apartment of Ms. Wilson and shot the victim after finding him in bed with her. We find the evidence was sufficient to support a second degree murder conviction.

Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm; evidence of a deliberate, fatal shooting supported a second degree murder conviction.

State v. Joseph · filed 2012-06-13(A)(1)

We find the evidence, viewed in the light most favorable to the State, supports only a conviction of the lesser included responsive offense of second degree murder. Therefore, we modify the verdict of guilty of first degree murder, vacate the sentence therefor, and render a judgment of conviction on the lesser included responsive offense of second degree murder.

Second degree murder requires the killing of a human being with specific intent to kill or inflict great bodily harm; evidence identifying the defendant as the killer supported the conviction.

State v. Nixon · filed 2018-04-13(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. See La. R.S. 14:30.1(A)(1). ... We are convinced that viewing the evidence in the light most favorable to the State, any rational trier of fact could have found beyond a reasonable doubt, and to the exclusion of every reasonable hypothesis of innocence, that the defendant was guilty of second degree murder.

A second degree murder conviction under subsection (A)(1) may be supported by circumstantial evidence sufficient to establish the killing and the required specific intent beyond a reasonable doubt.

State of Louisiana Versus Jerel Smith · filed 2020-03-13(A)(1)

Considering the foregoing, we find that a rational trier of fact, after viewing the evidence in the light most favorable to the prosecution, could have found that the evidence was more than sufficient to find Defendant guilty of second degree murder and armed robbery beyond a reasonable doubt.

Section 14:30.1(A)(2) defines second-degree murder to include killing a human being while perpetrating or attempting to perpetrate assault by drive-by shooting, even without specific intent to kill or inflict great bodily harm.

State v. Ramirez · filed 2014-11-12(A)(2)

The defendant in the instant case was convicted of second-degree murder. We have reviewed the elements of this offense and, viewing the testimony and evidence submitted at trial in the light most favorable to the State, have determined that the evidence is sufficient to support a finding of guilt. The pertinent elements of the defendant’s conviction are: the killing of a human being, while engaged in the perpetration or attempted perpetration of assault by drive-by shooting, even though the perpetrator did not possess the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(2).

Section 14:30.1(2) defines second-degree murder to include a killing committed while the offender is perpetrating an armed robbery, even without intent to kill or inflict great bodily harm.

State v. Bennett · filed 1984-07-18(2)

Although second degree murder may be committed when the offender has a specific intent to kill [La.R.S. 14:30.1(1)], it may also be committed when the offender is engaged in the perpetration of armed robbery, even though he has no intent to kill or to inflict great bodily harm [La.R.S. 14:30.1(2)]. Thus, the evidence shows that Ritchie and Robique were killed during the course of an armed robbery, and Bennett is guilty of second degree murder even though he may not have had an intent to kill or inflict great bodily harm.

Section 14:30.1(2) defines second-degree murder during listed felonies, including armed robbery, even without intent to kill or inflict great bodily harm.

State v. Stewart · filed 1987-11-17(2)

Second degree murder is defined in La.R. S. 14:30.1 as follows: “Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, armed robbery, or simple robbery, even though he has no intent to kill or inflict great bodily harm.” (emphasis added) Thus a charge of second degree murder requires that the state prove that an offender killed a human being when he had a specific intent to kill or inflict great bodily harm or that the offender killed a human being while engaged in the perpetration of certain enumerated felonies, including armed robbery. Subsection (2) is commonly referred to as the “felony murder doctrine” and precludes a showing of specific intent. La.R.S. 14:27, provides in subsection (A): “Any person who, having specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the crime intended; and it shall be immaterial whether, under the circumstances, he would have accomplished his purpose.” (emphasis added) Thus, an attempt to commit a crime requires that there be a specific intent to commit that crime. The essential elements are actual specific intent to commit the offense, and an overt act directed toward that end. Gross negligence or constructive intent will not suffice. See, Official Revisions Comment, La.R.S. 14:27. We conclude that charging the defendant with attempted second degree murder “during the commission of an armed robbery” leads to the absurd result of charging defendant with having the specific intent to commit an unintentional crime. In effect, the state is saying that defendant intended to do an unintentional act. This is an impossibility.

Section 14.30.1(2) treats a killing committed during the perpetration or attempted perpetration of a drive-by shooting as second-degree murder even without an intent to kill or inflict great bodily harm.

State v. Gipson · filed 1996-06-26(2)

Second degree murder is the killing of a human being (1) when the offender has a specific intent to kill or to inflict great bodily harm; or (2) when the offender is engaged in the "perpetration or attempted perpetration of ... [a] drive-by shooting ..., even though he has no intent to kill or inflict great bodily harm." La.R.S. 14:30.1.

Section 14:30.1(A)(2) treats a homicide committed during the perpetration of an enumerated felony, including aggravated burglary, as second-degree murder even without an intent to kill or inflict great bodily harm; a resulting homicide during flight from the burglary is felony murder.

State v. Smith · filed 1999-10-29(A)(2)

In the context of a second degree, felony murder prosecution, Myles and Smith could not defend themselves simply by casting full blame on Watts for the murder of Simmons. Given their self-confessed intent to take Simmons's cash, all three defendants became responsible for the victim's murder if a jury determined that they had made an unauthorized and therefore illegal entry onto the premises, no matter how Smith and Myles sought to distance themselves from the fatal shots fired by Watts and without regard to whether they had even been aware that their companion was armed. ... A homicide committed during flight from an aggravated burglary, or to facilitate flight from the scene, therefore constitutes felony murder.

The felony-murder provision treats a killing during the perpetration or attempted perpetration of an enumerated felony, including armed robbery, as second-degree murder even without intent to kill or inflict great bodily harm.

State v. Pugh · filed 2002-10-16(A)(2)(a)

According to the Defendant's own statement, he shot the victim, whether by accident or not, while he was attempting to rob him at gunpoint. This evidence supports a conviction for second degree murder, even if the Defendant did not specifically intend to kill the victim.[5] ... La.R.S. 14:30.1(A)(2)(a) defines second degree murder as the killing of a human being "[w]hen the offender is engaged in the perpetration or attempted perpetration of" certain enumerated felonies, including armed robbery, "even though [the offender] has no intent to kill or to inflict great bodily harm."

Section 14:30.1(A)(2)(a) makes a killing second-degree murder when committed during the perpetration or attempted perpetration of a listed felony, even without intent to kill or inflict great bodily harm.

State v. Touchet · filed 2003-06-04(A)(2)(a)

Specific intent to kill was not a necessary element for the State to have proved at trial. .“Unlike first degree murder, no intent to Mil or inflict great bodily harm is necessary to be a principal to second degree murder occurring during the course of a robbery.” State v. Logan, 36,042, p. 9 (La.App. 2 Cir. 6/14/02), 822 So.2d 657, 14663. The felony-murder doctrine is set forth in La.R.S. 14:30.1(A)(2)(a) as follows: A. Second degree murder is the killing of a human being: (2)(a) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated Mdnapping, second degree Mdnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to Mil or to inflict great bodily harm.

Section 14:30.1 does not permit a felony-murder prosecution based on armed robbery in these circumstances when that prosecution would constitute double jeopardy; the defendant may instead be tried under the statute’s specific-intent provisions.

State v. Ingram · filed 2004-10-28

The state may not try defendant under the felony murder section of La. R.S. 14:30.1, using armed robbery as the supporting felony, as that would constitute double jeopardy. Rather, it must try defendant under the specific intent provisions of the statute.

Subsection (A)(2) makes a killing second-degree murder when committed during the perpetration or attempted perpetration of a listed felony, even without intent to kill or inflict great bodily harm.

State Ex Rel. Scj · filed 2010-02-03(A)(2)

Louisiana Revised Statutes 14:30.1(A) defines second degree murder as: [T]he killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm. ... However, we find that the State did not limit the charge to La. R.S. 14:30.1(A)(2), the subsection establishing the felony-murder doctrine, but merely recited the facts in this case.

Section 14:30.1(A)(2) treats a killing committed while the offender is perpetrating or attempting aggravated burglary as second-degree murder, and a principal need not have intended to kill if the underlying felony is proved.

State v. Boudoin · filed 2012-12-27(A)(2)

Second degree murder is defined by La. R.S. 14:30.1(A)(2) as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including aggravated burglary. ... Thus, one need not possess specific intent to kill or inflict great bodily harm to be a principal to second degree felony murder. ... Rather, under the felony murder doctrine, the state need only prove the commission of the underlying felony or the attempt thereof.

Section 14:30.1(A)(2) treats a homicide committed during an attempted armed robbery as second-degree felony murder, and subsection (B) requires a mandatory life sentence for a second-degree-murder conviction.

State v. Kato · filed 2013-05-15(A)(2), (B)

One need not possess specific intent.to kill or inflict great bodily harm to be a principal to a second degree felony murder.” ... “This is particularly true when “the defendant aided or abetted the perpetration of a robbery, and that the victim was killed during' the perpetration of said robbery.” ... In this case, Defendant and Sibley talked to Rogers about robbing the victim. ... When he offered verbal resistance, both men ran up the stairs, and Sibley shot the victim. ... The facts demonstrated through the testimony of Rogers show that Defendant had the requisite intent and committed acts in furtherance of the offense. Clearly, a homicide resulted. ... In the present case, as the State notes in its brief and the trial court noted at sentencing, a conviction for second degree murder carries a mandatory life term. La.R.S 14:30.1(B).

Section 14:30.1(A)(2) makes a killing second degree felony murder when the offender is perpetrating or attempting an enumerated felony, without requiring specific intent to kill or inflict great bodily harm.

State v. Cerda-Anima · filed 2013-05-30(A)(2)

Felony second degree murder is defined by La. R.S. 14:30.1(A)(2) as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including second degree kidnapping. La. R.S. 14:44.1 defines second degree kidnapping in pertinent part as the forcible seizing and carrying of any person from one place to another wherein the victim is physically injured or sexually abused. La. R.S. 14:44.1(A)(3), (B)(1). In presenting its theory of felony murder, the State alleged that defendant was engaged in the commission or attempted commission of second degree kidnapping. One need not possess specific intent to kill or inflict great bodily harm to commit second degree felony murder. State v. Gurganus, 03-992 (La.App. 5 Cir. 12/30/03), 864 So.2d 771, 775. Rather, under the felony murder theory, the State need only prove the commission of the underlying felony or the attempt thereof. Lewis, supra at 590.

Section 14:30.1(A)(2) treats a killing as felony murder when the murder and an enumerated felony form one continuous transaction without a significant break, even if the defendant was not the shooter.

State of Louisiana v. Francois · filed 2013-06-05(A)(2)

Murder occurs during the commission of an enumerated felony when “the murder and the felony form a continuous transaction without a significant break of events.” ... The evidence sufficiently establishes murder during the perpetration of the armed robbery that formed part of a continuous transaction with no significant break in the chain of events, even though the defendant himself may not have been the shooter.

Section 14:30.1(A)(2) makes a killing second-degree felony murder when committed during the perpetration or attempted perpetration of an enumerated felony, without requiring specific intent to kill or inflict great bodily harm; the State need only prove the underlying felony or attempt.

State v. Turner · filed 2014-03-26(A)(2)

Here, Defendant was convicted of second degree murder. Under La. R.S. 14:30.1, second degree murder is defined as the killing of a human being when the offender 1) has specific intent to kill or to inflict great bodily harm; or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including but not limited to aggravated burglary, armed robbery, first degree robbery, second degree robbery and simple robbery, even though he has no intent to kill or to inflict great bodily harm. See State v. Lewis, 05-170 (La.App. 5 Cir. 11/29/05), 917 So.2d 583, 589-90, writ denied, 06-0757 (La.12/15/06), 944 So.2d 1277. In this case, the jury was instructed as to the felony murder theory of second degree murder under La. R.S. 14:30.1(A)(2); specifically, that Defendant was engaged in the perpetration or attempted perpetration of an armed robbery, first degree robbery, simple robbery, or aggravated burglary at the time of the incident. One need not possess specific intent to kill or inflict great bodily harm to be a principal to a second degree felony murder. State v. Cerda-Anima, 12-682 (La.App. 5 Cir. 5/30/13), 119 So.3d 751, 758, writ denied, 13-1487 (La.1/10/14), 130 So.3d 321. Rather, under the felony murder doctrine, the State need only prove the commission of the underlying felony or the attempt thereof. Id.

Section 14:30.1(A)(2)(a) makes a killing during the perpetration or attempted perpetration of an enumerated felony, such as armed robbery, second degree murder without requiring specific intent to kill or inflict great bodily harm.

State v. Johnson · filed 2015-12-23(A)(2)(a)

Under the theory of felony murder provided in La. R.S. 14:30.1(A)(2)(a) (prior to 2008 amendment), the state is not required to prove that the defendant possessed specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second-degree murder to include a killing during the perpetration or attempted perpetration of specified felonies, including armed robbery, even without intent to kill or inflict great bodily harm.

State v. Leonard · filed 2018-12-26

Under La. R.S. 14:30.1, second degree murder is defined as the killing of a human being when the offender: 1) has specific intent to kill or to inflict great bodily harm; or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including but not limited to aggravated burglary, armed robbery4 , first degree robbery, second degree robbery, and simple robbery, even though he has no intent to kill or to inflict great bodily harm. Under the second theory of second degree murder, the State had to prove that defendant was engaged in the perpetration or attempted perpetration of an armed robbery, even if he had no intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(2) makes a killing committed during the perpetration or attempted perpetration of cruelty to juveniles second-degree felony murder even when the offender lacks intent to kill or inflict great bodily harm.

State of Louisiana v. Trahan · filed 2022-11-16(A)(2)

If the jury finds the underlying felony of cruelty to a juvenile was committed negligently—consequently negating the specific intent required for first degree murder—then the crime would fit squarely within the felony-murder provision of second degree murder. Second degree murder is defined as a killing committed “[w]hen the offender is engaged in the perpetration or attempted perpetration of . . . cruelty to juveniles . . . even though he has no intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1(A)(2).

Section 14:30.1(A)(2) defines felony second-degree murder as killing while perpetrating or attempting to perpetrate cruelty to juveniles, even without intent to kill or inflict great bodily harm, with the underlying felony supplying the culpable mental state.

State of Louisiana Versus Seth Redell · filed 2023-04-26(A)(2)

In the present case, defendant was charged with the second degree murder of H.U. At trial, the State proceeded under the felony murder theory for second degree murder, with cruelty to a juvenile as the underlying felony. Under the felony murder theory, second degree murder is defined as the killing of a human being: (2) when the offender is engaged in the perpetration or attempted perpetration of ... cruelty to juveniles ... even though he has no intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(2). The felony murder provision of La. R.S. 14:30.1(A)(2) contains the circumstances under which a defendant can be found guilty under the felony murder rule, which dispenses with the necessity of proving mens rea accompanying a homicide; the underlying felony supplies the culpable mental state. State v. Small, 11-2796 (La. 10/16/12), 100 So.3d 797, 805.

Section 14:30.1(A)(2) includes a killing during an attempted armed robbery as second degree murder, even without intent to kill or inflict great bodily harm.

State v. Singleton · filed 2019-01-16(A)(2)

The evidence presented at trial was sufficient for the jury to conclude that Carroll was killed while Singleton was engaged in the attempted perpetration of an armed robbery.

Section 14:30.1 allows a person who intentionally participates in an aggravated burglary as its driver to be convicted of second degree felony murder when the burglary results in a killing.

State of Louisiana v. Taylor · filed 2020-02-05(A)(2)

This evidence was sufficient to support a determination that Defendant intentionally participated in the aggravated burglary as the driver and thus a principal. Since the burglary resulted in a murder, he was likewise guilty as a principal to felony-murder.

Section 14:30.1 does not require the State to disprove sudden passion or heat of blood as an element of second degree murder; passion operates as a mitigating defense.

State v. Chelette · filed 1984-08-10

In light of the U.S. Supreme Court's rationale in Patterson v. New York, the Louisiana statutory scheme does not violate the Due Process Clause. In Peterson, our Supreme Court noted that "passion" was a mitigating factor which acted as a defense, which is not unlike the statutory scheme employed in New York that was held constitutional in Patterson. Unlike the situation in Mullaney v. Wilbur concerning the Maine homicide laws, the Louisiana statute, as interpreted in Peterson, does not place any burden on the defendant to disprove an essential element of the crime charged. Consequently, this argument propounded by defendant does not have merit.

Section 14:30.1 does not make sudden passion or heat of blood elements of second-degree murder, so the State need not prove or disprove those mitigating circumstances; the jury may infer them from the evidence.

State v. Campbell · filed 1990-05-23

The law is well settled in Louisiana that “sudden passion’’ and “heat of blood" are not elements of second degree murder and the State does not have the burden of proving or disproving them. The jury is instead free to infer these mitigating circumstances from the evidence.

Section 14:30.1 covers intentional killings and unintentional killings committed during certain felonies, with manslaughter's mitigating circumstances reducing culpability under the statute.

State v. Montgomery · filed 1986-12-10

In the instant case, defendant was charged with second degree murder and convicted of manslaughter. Second degree murder, La.R.S. 14:30.1, is defined as an intentional killing, or an unintentional killing committed during certain felonies. Manslaughter, La.R.S. 14:31, is defined as a killing which would be first or second degree murder but is committed in a sudden passion, or an unintentional killing committed while the perpetrator is engaged in a felony or a misdemeanor against the person. La.C.Cr.P. art. 814 makes manslaughter a responsive verdict to second degree murder. Defendant admits in her brief that the prosecution raised this possibility in its opening statement. We find that defendant had notice to defend against charges of intentional and unintentional homicide. Both second degree murder and manslaughter contain elements of intention and unintentional killings. Sudden passion, La.R.S. 14:31(1), and the less severe crimes outlined in 14:31(2)(a), merely mitigate defendant's culpability under La.R.S. 14:30.1. See Brumfield, 329 So.2d at 190 and Peterson, 290 So.2d at 310. The trial court properly refused to grant defendant's motion for post-verdict judgment of acquittal as we find that the responsive verdict scheme to second degree murder provided defendant with adequate notice of the charges against her.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances.

State v. Thomas · filed 1987-03-04(1)

La. R.S. 14:30.1 provides: Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, armed robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La.R.S. 14:10(1). The state must show specific intent on the part of the defendant. Although intent is a fact question, it need not be proven as a fact. Instead, it may be inferred from the circumstances of the transaction. ... When all of the evidence is viewed in a light most favorable to the prosecution, a rational trier of fact could have concluded beyond a reasonable doubt that the defendant committed the second degree murder of George Thompson. Therefore, the trial court did not err in denying the defendant's motion for post-verdict judgment of acquittal.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, requiring proof of the killing and that specific intent beyond a reasonable doubt.

State v. Bell · filed 1989-04-19

The defendant was charged and tried for second degree murder which is a violation of La.R.S. 14:30.1. That statute provides in pertinent part that: second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. Therefore, in order to convict the state had to prove, beyond a reasonable doubt, (1) the killing of a human being and, (2) that such killing occurred when defendant had a specific intent to kill or inflict great bodily harm. La.R.S. 14:10 defines specific intent as: that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La.R.S. 14:9 defines criminal consequences as any set of consequences prescribed in various articles of the Louisiana Criminal Code or other acts of the legislature as necessary to constitute any of the various crimes defined therein. ... For these same reasons, we find no merit in defendant's contention that the State failed to establish, beyond a reasonable doubt, that he specifically intended to kill or do great bodily harm to the victim.

Section 14:30.1 defines second degree murder as the killing of a human being with the specific intent to kill or inflict great bodily harm.

State v. Talbert · filed 1989-04-27

La.R.S. 14:30.1 defines second degree murder in pertinent part as: "the killing of a human being ... when the offender has a specific intent to kill or inflict great bodily harm ..." While a conviction for second degree murder can be obtained by showing that the defendant had the specific intent to kill or inflict great bodily harm, a conviction for attempted second degree murder requires a showing that the defendant had the specific intent to kill and committed an act tending to accomplish that purpose.

Section 14:30.1 defines second-degree murder by requiring a killing with specific intent to kill or inflict great bodily harm; sudden passion and heat of blood are mitigating factors, not elements the State must prove.

State v. White · filed 1989-05-24

As our Supreme Court stated in State v. Lombard, 486 So.2d 106 (La.1986), since "sudden passion" and "heat of blood" are not elements of the crime, the State does not have the burden of proving them. Nor does our law require that these factors be affirmatively established by the defendant. Instead, the jury is free to infer these mitigating factors from the evidence. Id. at 111, n. 9.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Sonnier · filed 1990-03-14(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A)(1). ... His assertion that no specific intent was proven completely ignores the testimony of Frances, James, and Brown concerning defendant's argument with the victim over $10.00 the victim supposedly owed the defendant. This assertion also completely ignores the evidence of his shooting the victim in the face where the circumstances indicate defendant actively desired the consequence of his act.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Lewis · filed 1990-04-18(A)(1)

In order for the state to obtain a conviction, it must prove the essential elements of second degree murder beyond a reasonable doubt. La.R.S. 14:30.1 reads, in pertinent part, as follows: § 30.1. Second degree murder A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; Under this statute, the elements which must be proven beyond a reasonable doubt are the killing of a human being and the specific intent to kill or inflict great bodily harm.

Subsection (A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Broussard · filed 1990-04-18(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the State must prove those elements beyond a reasonable doubt.

State v. Montgomery · filed 1991-02-06(A)(1)

In order for the State to obtain a conviction, it must prove the essential elements of second degree murder beyond a reasonable doubt. La.R.S. 14:30.1 reads, in pertinent part, as follows: "A. Second degree murder is the killing of a human being: (1) when the offender has a specific intent to kill or to inflict great bodily harm ..." Under this statute, the elements which must be proven beyond a reasonable doubt are the killing of a human being and the specific intent to kill or inflict great bodily harm.

Section 14:30.1 requires proof that the defendant killed a human being with the specific intent to kill or inflict great bodily harm.

State v. Ebarb · filed 1990-03-14

In order to convict for second degree murder the State must prove: (1) the killing of a human *768being, and (2) specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1.

Section 14:30.1 defines second degree murder to include killings committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of an enumerated felony such as armed robbery.

State v. English · filed 1991-06-19(A)(1), (2)

Second degree murder is defined, in pertinent part, as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm, or when the offender is engaged in the perpetration or attempted perpetration of, among other enumerated felonies, armed robbery. La.R.S. 14:30.1A(1), (2). ... The evidence is sufficient to persuade any rational fact finder that English, beyond a reasonable doubt, aided and abetted Divers in the armed robbery of Winston Vandervield and Simmie Stevenson. This conduct would support convictions for the offense charged.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Williams · filed 1993-09-30(A)(1)

The defendant was convicted of second degree murder pursuant to La.R.S. 14:30.1(A)(1), which defines second degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. Thus, the elements which must be proven at trial are that 1) a human being was killed and 2) at the time of the killing, the offender had the specific intent to kill or inflict great bodily harm.

Section 14:30.1(A)(1) requires proof that the defendant specifically intended to kill or inflict great bodily harm; for attempted second-degree murder, the State must also prove an act tending directly toward accomplishing the killing.

State v. Hongo · filed 1993-10-06(A)(1)

Reading the pertinent parts of these articles together, the state in this case had the burden of proving that the defendant had the specific intent to kill and did an act for the purpose of and tending directly toward accomplishing it.

Section 14:30.1 requires proof that the defendant acted with specific intent to kill or to inflict great bodily harm to support a second-degree-murder conviction.

State v. Journet · filed 1993-12-22

To obtain a second degree murder conviction, the State was required to show (beyond a reasonable doubt) that Journet shot and wounded Stefan Boudreaux with the specific intent to kill him or to inflict great bodily harm.

Section 14:30.1 defines second degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State v. Thorne · filed 1994-02-23(A)(1)

In this case, defendant was charged with and convicted of two counts of second degree murder, La.R.S. 14:30.1. The pertinent part of the statute provides: A. Second degree murder is the killing of a human being: 1) When the offender has a specific intent to kill or to inflict great bodily harm. Thus, the State must show that defendant, 1) killed the victim and 2) that defendant had the specific intent to kill or to inflict great bodily harm.

Section 14:30.1 defines second-degree murder in pertinent part as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Hunter · filed 1994-12-15

Defendant was charged with and convicted of second degree murder which is defined in pertinent part as: “the killing of a human being: 1) when the offender has a specific intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1. In the present case, the murder weapon was found in defendant’s residence two and one-half months after the crime. A witness testified she saw defendant walking away from the scene of the shooting with a gun in his hand. There was no evidence that a struggle took place or that defendant acted in self defense. The victim died as a result of a gunshot wound to the chest fired from close range. The witness named defendant and subsequently made a positive identification of him in photographic line-up and at trial. Viewing this evidence in the light most favorable to the prosecution, a rational of trier of fact could conclude that the state proved every essential element of the crime beyond a reasonable doubt. This assignment of error is without merit.

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, or a killing during the perpetration or attempted perpetration of one of the listed felonies even without that intent.

State v. Dunn · filed 1995-02-15A(1), A(2)

In the present case, defendant was convicted of second degree murder. La.R.S. 14:30.1 defines that offense, in pertinent part, as follows: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm. ... Under La.R.S. 14:30.1A(1), the state must show that defendant 1) killed the victim; and 2) that defendant had the specific intent to kill or to inflict great bodily harm. ... Under La.R.S. 14:30.1A(2), the state must prove the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of certain enumerated felonies, even though he has no intent to kill or inflict great bodily harm. ... In the present case, we find that the evidence presented against defendant was sufficient to sustain his conviction for second degree murder under either of the two theories advanced by the state.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or a killing during the specified felonies even without that intent.

State v. Byles · filed 1995-02-15A(1), A(2)

In the present case, defendant was convicted of second degree murder. That offense is defined in La.R.S. 14:30.1, in pertinent part, as follows: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, 18armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm. ... There was sufficient evidence for the jury to find that defendant killed the victim with specific intent to kill or to inflict great bodily harm, and/or that he was a participant and principle in a robbery that resulted in the victim’s death.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, which the State must prove beyond a reasonable doubt.

State v. Brewington · filed 1992-07-10(A)(1)

In order for the state to obtain a conviction, it must prove the essential elements of second degree murder beyond a *6reasonable doubt. La.R.S. 14:30.1 reads in pertinent part, as follows: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; According to the statute, the elements which must be proven beyond a reasonable doubt are the killing of a human being and the specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Armstrong · filed 1995-04-07

Second degree murder is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1. In this case, the uncontradicted evidence is overwhelming that the defendant killed Reverend Neal. Viewing the evidence in the light most favorable to the prosecution and applying the presumption of Louisiana Revised Statutes 15:432 that a defendant is sane and is responsible for his actions, any rational trier of fact can conclude that the defendant is guilty of the second degree murder of Reverend Neal.

Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Marshall · filed 1995-06-29

Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1. Sufficient evidence of intent to kill has been found where the defendant shot a gun at the victim.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Williams · filed 1995-07-27(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. R.S. 14:30.1A(1); State v. Brooks, 505 So.2d 714 (La.), cert. denied 484 U.S. 947, 108 S.Ct. 337, 98 L.Ed.2d 363 (1987).

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Offord · filed 1995-10-04(A)(1)

Second degree murder is the killing of a human being when the offender possesses the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Bailey · filed 1995-11-02(A)(1)

In the case sub judice, defendant was convicted of second degree murder, in violation of La.R.S. 14:30.1(A)(1), which provides that "[s]econd degree murder is the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm."

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Carroll · filed 1996-01-31

The state must prove the elements of the crime beyond a reasonable doubt. Defendant was convicted of second degree murder, which is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1.

Section 14:30.1(A)(1) defines second-degree murder, as applicable here, as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Campbell · filed 1996-03-13(A)(1)

In order for the state to obtain a conviction, it must prove the elements of the crime beyond a reasonable doubt. Second degree murder, as applicable to the case sub judice, is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1). ... The evidence, when viewed in a light most favorable to the prosecution, was sufficient to find the defendant guilty of the crime charged.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, and the court held that the evidence proved those essential elements beyond a reasonable doubt.

State v. Smith · filed 1996-04-24(A)(1)

Defendant was convicted of second degree murder, a violation of La.R.S. 14:30.1 which states: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; ... Also, sufficient evidence existed for a rational trier of fact to have found all the essential elements of the crime of second degree murder, including specific intent, proven beyond a reasonable doubt.

Section 14:30.1 defines second-degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Jones · filed 1996-05-08

In order for the State to obtain a conviction, it had to prove the elements of the crime beyond a reasonable doubt. Second degree murder, defined in La.R.S. 14:30.1, is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(1) makes specific intent to kill or inflict great bodily harm an essential element of second-degree murder.

State v. Carter · filed 1996-11-08(A)(1)

La. R.S. 14:30.1 provides, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.... Specific intent is defined as "that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." La. R.S. 14:10. Specific intent need not be proven as a fact and may be inferred from the circumstances present and the actions of the defendant.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, and the court held that the evidence satisfied those elements.

State v. Young · filed 1995-10-04(A)(1)

The evidence just summarized reveals specific intent to kill, or at least, inflict great bodily harm. Considered reasonably, gunshots to the torso have no other purpose but to kill or inflict great bodily injury. ... We find the evidence adduced by the state satisfies the elements of 14:30.1 and excludes every reasonable hypothesis of innocence.

Section 14:30.1 requires proof that the defendant killed a human being with specific intent to kill or inflict great bodily harm to convict of second degree murder.

State v. Starr · filed 1996-12-11

In order to convict the defendant of second degree murder the state had to prove beyond a reasonable doubt that (1) the defendant killed a human being; (2) when the offender had a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1; State v. Thompson, 27,512 (La.App.2d Cir. 12/6/95), 665 So.2d 643.

Section 14:30.1 requires proof that the defendant killed a human being with the specific intent to kill or inflict great bodily harm.

State v. Lewis · filed 1996-12-11

In order to convict Lewis of second degree murder the state had to prove beyond a reasonable doubt that (1) Lewis killed a human being, (2) when the offender had a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1; State v. Thompson, 27,512 (La.App.2d Cir. 12/6/95), 665 So.2d 643.

Section 14:30.1(A)(1) and (2) covers second-degree murder based on specific intent to kill or inflict great bodily harm and on killing during the perpetration or attempted perpetration of armed robbery, respectively.

State v. Stacy · filed 1996-12-20(A)(1), (2)

The amended indictment charged Stacy with killing both victims and being a principal to both killings under R.S. 14:24; it further alleged both the specific intent to kill or commit great' bodily harm and engagement in the perpetration or attempted perpetration of an armed robbery. R.S. 14:30.1 A(l) and (2). ... In sum, a rational trier of fact could have found, beyond a reasonable doubt, that Stacy fired a gun through the driver’s side of the car, at close range, and that this indicated a specific intent to kill both victims or commit great bodily harm; and that he aided and abetted in the killings and robbery. The evidence therefore is sufficient evidence to convict Stacy of the charged offenses, second degree murder. The responsive verdicts of manslaughter will withstand the test of sufficiency.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Anderson · filed 1997-04-02(A)(1)

Second degree murder is defined as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1).

Section 14:30.1 defines second degree murder to include intentional killing or killing during the perpetration of armed robbery, even without intent to kill or inflict great bodily harm.

State v. Goodwin · filed 1997-11-19(1) and (2)

La. R.S. 14:30.1 defines second degree murder as "the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration... of ... armed robbery ... even though he has no intent to kill or to inflict great bodily harm." We find that the testimony presented in this case clearly supports a finding that Mr. Goodwin had a specific intent to kill and that he was engaged in the perpetration of an armed robbery.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Arnold · filed 1998-01-21(A)(1)

Second degree murder, under La. R.S. 14:30.1(A)(1), is defined as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1 defines second-degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Batiste · filed 1998-01-27

The defendant in this case was charged with second degree murder. La. R.S. 14:30.1 states that: A. Second degree murder is the killing of a human being. (1) when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1 requires proof that a human being was killed and that the defendant had the specific intent to kill or inflict great bodily harm.

State v. Williams · filed 1998-05-27

In order to prove second degree murder, the state must prove (1) the killing of a human being and (2) that defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1; State v. Thorne, 633 So.2d at 777.

Section 14:30.1 requires proof that the defendant killed the victim while possessing the specific intent to kill or inflict great bodily harm.

State v. Washington · filed 1998-08-19

In order to convict defendant of second degree murder, the state had the burden of proving beyond a reasonable doubt that defendant killed Earl McDowell while possessing the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1; State v. Thompson, 27,512 (La.App. 2d Cir.12/06/95), 665 So.2d 643, writ denied, 96-0232 (La.04/26/96), 672 So.2d 679. ... We find sufficient evidence to support defendant's conviction for the second degree murder of McDowell.

Section 14:30.1(A) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting armed robbery.

State v. Maxie · filed 1998-08-19(A)

La. R.S. 14:30.1(A) defines second degree murder, in pertinent part, as: the killing of a human being: (1) when the offender has a specific intent to kill or to inflict great bodily harm; or (2) is engaged in the perpetration or attempted perpetration of armed robbery.

Section 14:30.1 defines second degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State v. Scott · filed 1998-10-28

Second degree murder is the killing of a human being when the defendant has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. Scott killed Harrison by stabbing him in the heart with a kitchen knife.

Section 14:30.1 requires proof that the defendant killed a human being and had the specific intent to kill or inflict great bodily harm.

State v. Barnes · filed 1999-02-10

In order to prove second degree murder, the state must prove (1) the killing of a human being and (2) that defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1; State v. Williams, 97-1135 (La.App. 5th Cir. 5/27/98), 714 So.2d 258, 263.

Section 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Cager · filed 1999-03-24(A)(1)

The State responded that the prosecution was based on La. R.S. 14:30.1(A)(1). This particular provision states that second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. Thus, defendant was adequately informed of the nature of the charge against him prior to trial. The indictment was not defective.

Section 14:30.1 defines second degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Rose · filed 1999-04-07

La.R.S. 14:30.1 defines second degree murder as “the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” In the present case, the state has produced sufficient evidence through the Locure brothers for the jury to conclude that the defendant was the person who killed the victim.

Section 14:30.1 defines second-degree murder as a homicide committed by a defendant who personally has the specific intent to kill or inflict great bodily harm.

State v. Wolfe · filed 1999-04-21

To convict a person of second-degree murder, the state has the burden of proving beyond a reasonable doubt: 1) the commission of a homicide, 2) by the defendant, and 3) who personally had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the court found the evidence sufficient to establish that offense.

State v. Plaisance · filed 1999-10-27(A)(1)

La. R.S. 14:30.1 provides in part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; ... The evidence produced at trial viewed in the light most favorable to the prosecution establishes beyond a reasonable doubt that the defendant committed second degree murder.

Section 14:30.1(A)(1) and (2)(a) defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or during specified robberies even without that intent.

State v. Fuller · filed 1999-12-17(A)(1) and (A)(2)(a)

Second degree murder is the killing of a human being when the offender either has a specific intent to kill or inflict great bodily harm, or is engaged in the perpetration or attempted perpetration of specifically enumerated crimes, including armed robbery, first degree robbery, or simple robbery, even when the offender has no intent to kill or to inflict great bodily harm.

Subsection (A)(1) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Logan Smith · filed 2023-11-15(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... The totality of the evidence presented was sufficient to establish defendant shot the victim with the intent to kill or inflict great bodily harm.

Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Denton · filed 2023-11-29

In the instant case, Defendant was charged with second degree murder. Louisiana Revised Statutes 14:30.1 defines second degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. Specific intent is defined as the “state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.” La.R.S. 14:10(1).

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Pearson · filed 2024-01-10

“Second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.” La. R.S. 14:30.1. After reviewing the record and viewing the evidence in the light most favorable to the prosecution, we find that the state presented sufficient evidence at trial for a reasonable jury to convict the defendant of second degree murder.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Jennifer Lois Laverne Ford · filed 2024-01-10(A)(1)

La. R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1 requires proof of specific intent to kill a human being; for an attempted offense, the State must also prove an overt act in furtherance of that intent.

State of Louisiana v. Cole · filed 2024-01-10

For attempted second degree murder, the State must prove that Cole had the specific intent to kill a human being and that he committed an overt act in furtherance of that goal. La. R.S. 14:27; La. R.S. 14:30.1.

Section 14:30.1 defines second-degree murder as the killing of a human being when the offender has specific intent to kill or inflict great bodily harm.

State of Louisiana v. Eddie Stagg, Jr. · filed 2024-01-31

The elements of second degree murder are 1) “the killing of a human being” and 2) “[w]hen the offender has specific intent to kill or inflict great bodily harm[.]”

Section 14:30.1 defines second-degree murder as the killing of a human being when the offender specifically intends to kill or inflict great bodily harm.

State of Louisiana v. Jefferson · filed 2024-02-08(A)(1)

Second-degree murder is defined in pertinent part as “the killing of a human being: (1) when the offender has a specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1.

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

State of Louisiana v. Savoy · filed 2024-03-06(A)(1)

In the instant case, Defendant was charged with second degree murder, in violation of La.R.S. 14:30.1(A)(1), which relevantly defines second degree murder as the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm.”

Section 14:30.1(A) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, or during an armed robbery even without that intent.

State of Louisiana v. A. L. Simmons, II · filed 2024-03-20(A)

(2) When the offender is engaged in the perpetration or attempted perpetration of . . . armed robbery . . . even though he has no intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, but an attempted second degree murder conviction requires specific intent to kill.

State Of Louisiana v. London · filed 2024-06-03(A)(1)

To sustain a conviction for attempted second degree murder, the State must prove the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim’s death. La. R.S. 14:27; 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on specific intent to kill or to inflict great bodily harm, attempted second degree murder requires specific intent to kill. State v. Bishop, 2001-2548 (La. 1/14/03), 835 So.2d 434, 437.

Section 14:30.1(A)(1) defines second-degree murder to include killing a human being when the offender has a specific intent to kill or inflict great bodily harm.

State Of Louisiana v. Howard · filed 2024-06-03(A)(1)

Second degree murder is defined, in pertinent part, as “the killing of a human being...[w]hen the offender has a specific intent to kill or to inflict great bodily harmf.]” La. R.S. 14:30.1(A)(1). ... Viewing the evidence in the light most favorable to the prosecution, we find that a rational trier of fact could have found the State proved beyond a reasonable doubt the defendant’s identity as the perpetrator of the offense and all of the elements of second-degree murder.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana Versus Willie H. Battle · filed 2024-06-17(A)(1)

Defendant was convicted of second degree murder in violation of La. R.S. 14:30.1, which defines second degree murder as the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. ... Given defendant’s actions before, during, and after the murder, and considering the State’s theory that the instant murder was in retaliation for the shooting the week prior in which defendant was a victim, we find that the instant case provides evidence upon which a rational jury could have inferred that defendant had the requisite intent for second degree murder, even if he did not fire the fatal gunshot.

Section 14:30.1(A)(3) requires proof that the defendant distributed or dispensed a covered controlled substance, the recipient ingested or consumed it, and it directly caused the recipient’s death.

State of Louisiana v. Bartie · filed 2024-06-20(A)(3)

To support Defendant’s conviction under La.R.S. 14:30.1(A)(3), “the record must contain evidence that: (l) defendant distributed or dispensed [methamphetamine] to the victim, (2) the victim ingested or consumed the controlled dangerous substance, and (3) the victim died as a direct cause of ingesting or consuming the controlled dangerous substance.”

Section 14:30.1(A)(1) defines second degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Johnson · filed 2024-07-17(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Applying the Jackson standard to the evidence established in this case, we find that a rational trier of fact could have found that the State carried its burden of proving beyond a reasonable doubt that Johnson acted with specific intent to kill or inflict great bodily harm upon Goines.

Section 14:30.1(A)(1) defines second-degree murder as killing with specific intent to kill or inflict great bodily harm, while § 14:30.1(A)(2) covers killings during specified felonies without that intent.

State of Louisiana v. Jones · filed 2024-08-28(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Second degree murder also occurs when the offender kills someone while engaged in the perpetration or attempted perpetration of certain felony offenses, including armed robbery, first degree robbery, or second degree robbery, even though he has no intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(2). ... Defendant’s specific intent can be inferred from defendant’s actions: he pointed a nine-millimeter firearm at Tasha and shot her twice from a close range. ... In viewing the evidence in a light most favorable to the prosecution, we find any rational trier of fact could have found, beyond a reasonable doubt, the State presented sufficient evidence to prove defendant committed the offense of second degree murder.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Michael T. Robinson Denzel West Kirk Powell · filed 2024-09-04

La. R.S. 14.30.1 defines second-degree murder as the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm.”

Section 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

State of Louisiana v. Burnette · filed 2024-10-02(A)(1)

Second degree murder involves “the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.” La.R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Jones · filed 2024-12-18(A)(1)

Second-degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second-degree murder by requiring specific intent to kill or inflict great bodily harm, and Subsection (B) prescribes life imprisonment without parole, subject to the juvenile-parole modification discussed by the court.

State of Louisiana v. Campbell · filed 2025-02-05(A)(1) (B)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Here, Defendant admitted that he shot at the victim two times as the victim was walking away from him. The video also shows Defendant raise his arm, point the gun, and open fire. Therefore, a rational finder of fact could have determined that that the shooting was intentional and not a negligent discharge of a firearm. ... La. R.S. 14:30.1(B) provides: “Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.” However, the punishment provision set forth in La. R.S. 14:30.1(B) is modified by La. R.S. 15:574.4(F)(1) when the person found guilty of second degree murder is a juvenile. ... The trial court in the instant case was entitled in its discretion to instruct the jury on the mandatory sentence imposed by a guilty verdict. Accordingly, this assignment of error lacks merit.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Riley · filed 2025-02-26(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1); ... After viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of all three crimes beyond a reasonable doubt. ... As such, the State met its burden of proving Riley killed Hardin, intended to kill Lee, and illegally possessed a firearm as a convicted felon. Riley’s arguments as to the sufficiency of the evidence lack merit.

Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Zachary Markey Adams A/K/A Zachary Adams A/K/A Zachary Batiste · filed 2025-02-26

Louisiana Revised Statutes 14:30.1 defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(1) requires proof that the defendant killed the victim and specifically intended to kill or inflict great bodily harm.

State of Louisiana v. Wright · filed 2025-03-19(A)(1)

To sustain a conviction of second degree murder, the State must prove (1) the defendant killed the victim and (2) the defendant had the specific intent to either kill or inflict great bodily harm. See La. R.S. 14:30.1(A)(1).

Section 14:30.1(A)(2) makes a killing committed during the perpetration or attempted perpetration of cruelty to juveniles second-degree murder without requiring specific intent to kill or inflict great bodily harm.

State of Louisiana v. Christopher Ledet, Jr. · filed 2025-04-23(A)(1), (A)(2)

Louisiana Revised Statutes 14:30.1(A)(1) defines second degree murder, in relevant part, as the killing of a human being “[w]hen the offender has a specific intent to kill or inflict great bodily harm[.]” Louisiana Revised Statutes 14:30.1(A)(2) defines second degree murder, in relevant part, as the “killing of a human being when the offender is engaged in the perpetration or attempted perpetration of cruelty to juveniles, among other offenses.” Under this subsection, intent to kill or to inflict great bodily harm is not required.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Jackson · filed 2025-05-21(A)(1)

In this case, Jackson was convicted of two counts of second degree murder, which is defined as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).