Does section 12310 of the California Criminal Code require a willfully and maliciously committed act of violence to be deemed to be an act of malice?
California, United States of America
The following excerpt is from People v. Thompson, 10 Cal.Rptr.2d 15, 7 Cal.App.4th 1966 (Cal. App. 1992):
We find the words of section 12310 clear and unambiguous, not requiring resort to extrinsic indicia of intent. (Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735, 248 Cal.Rptr. 115, 755 P.2d 299.) By expressly specifying a mens rea ("willfully and maliciously") applicable to "every person," the section is not susceptible of the meaning that some people must, additionally, harbor an intent to kill.
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