The unlawful killing of a human being with malice aforethought is murder. Every murder
perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious,
and premeditated killing, or committed in the perpetration of, or attempt to perpetrate,
any arson or any violation of § 11-4-2, 11-4-3, or 11-4-4, rape, any degree of sexual assault or child molestation, burglary or breaking and
entering, robbery, kidnapping, or committed during the course of the perpetration,
or attempted perpetration, of felony manufacture, sale, delivery, or other distribution
of a controlled substance otherwise prohibited by the provisions of chapter 28 of title 21, or committed against any law enforcement officer in the performance of his or her
duty or committed against an assistant attorney general or special assistant attorney
general in the performance of his or her duty, or perpetrated from a premeditated
design unlawfully and maliciously to effect the death of any human being other than
him or her who is killed, is murder in the first degree. Any other murder is murder
in the second degree. The degree of murder may be charged in the indictment or information,
and the jury may find the degree of murder, whether the murder is charged in the indictment
or information or not, or may find the defendant guilty of a lesser offense than that
charged in the indictment or information, in accordance with the provisions of § 12-17-14.
Notes of Decisions
Cited in
152
cases (
11 in the last 5 years), 1959–2026 · leading case:
State v. Oliveira, 882 A.2d 1097 (R.I. 2005).
State v. Oliveira, 882 A.2d 1097 (R.I. 2005).
· cites it 23× “In due course, Oliveira and Victor were charged by indictment with one count of first-degree felony murder in violation of G.L.1956 § 11-23-1 (count 1). This count alleged that the two defendants, together with a third unidentified and unindicted individual, murdered Grady…”
State v. Gillespie, 960 A.2d 969 (R.I. 2008).
· cites it 16× “See G.L. 1956 § 11-23-1 (murder) and G.L. 1956 § 23-4-7 (failing to report a death with the intention of concealing a crime).”
State v. Innis, 391 A.2d 1158 (R.I. 1978).
· cites it 12× “1956 (1969 Reenactment) § 11-23-1. *1166 The statutory crime of robbery incorporates all of the elements of the crime of robbery as it existed at common law.”
State v. Ros, 973 A.2d 1148 (R.I. 2009).
· cites it 8× “” G.L.1956 § 11-23-1. First-degree murder is defined as “[e]very murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious and premeditated killing * * * or perpetrated from premeditated design unlawfully and maliciously to effect the death…”
State v. Texieira, 944 A.2d 132 (R.I. 2008).
· cites it 6× “Ortega in violation of G.L. 1956 § 11-23-1. 5 The defendant’s jury trial commenced on February 8, 2006, and it continued for seven trial days.”
State v. Lopez, 45 A.3d 1 (R.I. 2012).
· cites it 6× “I Facts and Procedural History On August 29, 2007, defendant was indicted by a grand jury for the murder of Miledis [1] Hilario (Hilario or decedent), in violation of G.L.1956 § 11-23-1. [2] Thereafter, the state filed notice of its intention to seek a sentence of life without…”
State v. Stewart, 663 A.2d 912 (R.I. 1995).
· cites it 7× “1956 (1981 Reenactment) § 11-23-1. 1 We affirm the judgment of conviction.”
State v. Tony Gonzalez, 136 A.3d 1131 (R.I. 2016).
· cites it 4× “1956 § 11-5-1; one count of “discharg[ing] a firearm while committing a crime of violence, to wit, murder, resulting in the death of Carl Cunningham, Jr.,” in violation of G.L. 1956 § 11-47-3.”
State v. Delestre, 35 A.3d 886 (R.I. 2012).
· cites it 9× “, in violation of G.L.1956 §§ 11-23-1 and 11-23-2; he was also indicted for conspiracy to commit murder, in violation of G.”
State v. Kimberly Fry, 130 A.3d 812 (R.I. 2016).
· cites it 4× “On October 6, 2011, a Washington County Superior Court jury found the defendant, Kimberly Fry (defendant or Kimberly), guilty of second degree murder of her eight-year-old daughter in violation of G.L. 1956 § 11-23-1. On May 22, 2012, the trial justice sentenced the defendant to…”
State v. Brown, 898 A.2d 69 (R.I. 2006).
· cites it 4× “” G.L.1956 § 11-23-1. First-degree murder is characterized as any kind of willful, deliberate, malicious, or premeditated killing.”
State v. Bido, 941 A.2d 822 (R.I. 2008).
· cites it 2× “Confessor, in violation of § 11-1-3 and G.L.1956 § 11-23-1, as amended by P.L. 1990, ch.”
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treatment. Dots show Syfertize treatment of the citing case itself.