Murder: The killing of a human being by a sane person,with intent,malice aforethought(prior intention to kill the particular victim or anyone who gets in the way),and with no legal excuse or authority.This is "First Degree Murder".By statute inclusion the death of a Police Officer, or Prison Guard,with OR without premeditation and with Malice presumed is also First Degree Murder. Second Degree Murder,is such a killing without premeditation,as in the heat of passion or in a sudden quarrel or fight.To be Murder the victim must die within a year of the attack. Attempted Murder is commited when the defendant does an act that is more than merely preparatory to the commission of the crime of Murder and,at the time of these acts,the person has specific intention to Kill. Criminal Attempted Murder depends on an intention to Kill alone. Attempted Murder is only the planning of a Murder,NOT the actual Killing,which is the Murder. Criminal Attempts carries a Maximum penalty of LIFE Imprisonment,(the same as that for a successful Murder). So, in answer to your question,the defendant,having served his sentence,on the original charge,and as clearly the limit of time exceeded,(one year,to be considered a Murder charge) The defendant was wrongfully prosecuted,as he did not fall within the scope of Murder...Personaly,I say,"Kill em' all, let god sort it out", and "3 people can keep a secret, if 2 of them are Dead".lol,take care of each other, Crazeee,,,,