MN 11.24 Murder in the Second Degree–Defined

10 Minn. Prac., Jury Instr. Guides–Criminal CRIMJIG 11.24 (6th ed.)

September 2020 update

Part II. Specific Crimes

A. Crimes Against the Person

Chapter 11. Homicide

CRIMJIG 11.24 Murder in the Second Degree–Defined

Under the laws of Minnesota, a person intentionally causing the death of another person, but without premeditation, is guilty of murder in the second degree.


M.S.A. § 609.19, subd. 1(1).

Although it is not a defense to a charge of murder in the second degree that the killing was premeditated, the words “but without premeditation” should be used in the definition, since the jurors in the present case or in other contexts will have heard of the requirement of premeditation in murder in the first degree.

If the evidence raises the question whether the killing may have occurred in the heat of passion, reducing the crime to manslaughter in the first degree, CRIMJIG 11.04 should be read with this instruction (deleting the references to premeditation).