YAY, if you are reading this, then you've already finished your Civ 
Pro midterm! One down, one to go!!!!

2nd Degree Murder ---
If you look at the outline that Prof Chang drew out for all of you in 
regards to SECOND DEGREE MURDER you'll see "sometimes 
heat of passion."

Why is that there?

Here is why: 
Where the defendant's attempt to REDUCE a murder to voluntary 
manslaughter FAILS BECAUSE OF INSUFFICIENT PROOF OF 
PROVOCATION, or because the heat of passion has had time to 
cool, the proper verdict is SECOND DEGEE MURDER.

********************

MPC and Burglary:
The MPC definition of burglary is substantially NARROWER than 
that of the Cal Penal Code (modern variations).

MPC definition-----> A person is guilty of burglary if he enters a 
building or occupied structure, or separately secured or 
occupied portion thereof, with purpose to commit a crime 
therein, unless the premises are at the time open to the public or 
the actor is licensed or privileged to enter. It is an affirmative 
defense to prosecution for burglary that the building or structure 
was abandoned. MPC 221.1.

MODERN VARIATIONS on BURGLARY by California: 
1. no longer limited to entry of a dwelling, now any building or 
vehicle.

2. not limited to entry during the nighttime

3. not limited to entries accomplished by a breaking, but may be 
committed by an entry without the use of any force or fruad

4. not limited to cases where the intent is to commit the object 
crime within the structure, no need to be a felony, may be a 
misdemeanor.

email if you have more questions!
anna