[winstonchurchill]

WC: If it was an unlawful killing with malice aforethought, it is murder.

BR: That is totally amazing to me. I wonder what law you are basing that on and what legal system/country you are referring to. If it is the USA - then this case is really precedent setting in that it is now legal for anyone to put a gun to someones head - pull the trigger and it not be called murder.

California Penal Code section 187(a): "Murder is the unlawful killing of a human being, or a fetus, with malice aforethought." For a death to be murder inter alia, there must be (i) a killing of (ii) a human being, which is (iii) unlawful and committed with (iv) malice and (v) forethought.

So, please don't be shocked, that has been the law for a long, long time.

[blueriver]

So if I decided that my spouse was in such bad shape that it would be best to put him/her out of his/her misery by shooting him/her in the head with a gun and causing death that I would not be convicted of murder. Hm.. I wonder why more people don't use this line of defense in their murder trials. Basically I think you are flat out wrong. It would be murder and anyone who takes your advise that it isn't would find themselves serving time. That is except for MS.