Murder means "unlawfully taking someone's life." It is true that the death penalty isn't murder, because it's not unlawful. Then again, neither is abortion.
I do not see how a jury deciding on something makes it not murder. If a jury decided to sentence a parking ticket violator to being stoned to death, would that be not murder? That's ridiculous.
Err,
First, criminal homocide, at common law, consists of murder or manslaughter.
Second, a homocide is not criminal if it is: 1) justifiable or 2) excusable.
An example of justifiable homocide is self-defense, while the killing of an enemy combattent is excusable.
Third, abortion is merely lawful because certain members of the judiciary approve of it. It is generally neither justifiable nor excusable.
Uh, I do not seee how that conflicts with my post at all.