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Borchers (D) became engaged to Dotty. D even took common law vows with Dotty before he was divorced from his current wife. D even set Dotty up her own apartment. D then learned from a private detective that a pimp was taking money from and having sexual relations with Dotty. Six months after meeting Dotty, she told D she wanted to be dead. A few days later she held a pistol and goaded D urging him to shoot her. D shot Dotty in the head. A second-degree murder verdict was reduced by the court to voluntary manslaughter. The People (P) appealed; malice aforethought has been established.

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