How have courts interpreted the definition of implied malice?
California, United States of America
The following excerpt is from People v. Flores, 178 Cal.App.3d 74, 223 Cal.Rptr. 465 (Cal. App. 1986):
The trial court used essentially the same language when it instructed the jury on implied malice. Other courts also have used the definition alternatively. (See People v. Atkins (1975) 53 Cal.App.3d 348, 359, 125 Cal.Rptr. 855 [the exact instruction used in the instant case was held to be sufficient]; People v. Poddar (1974) 10 Cal.3d 750, 754-755, 111 Cal.Rptr. 910, 518 P.2d 342 [same instruction read to the jury].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the jury instructions that the trial court relied on in its tentative order and in its final order deny defendant's petition that the jury must find that the killing was committed with either express or implied malice or otherwise implied malice? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How has the court interpreted the law in the context of implied malice murder? (California, United States of America)
How have the courts interpreted implied malice in a motor vehicle case? (California, United States of America)
Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice? (California, United States of America)
Does the definition of malice change when a jury is asked to imply malice? (California, United States of America)
How will the Court of Appeal interpret the implied findings of fact made by a trial court in support of an order? (California, United States of America)
What is implied malice in the context of the implied malice doctrine? (California, United States of America)
What is implied malice for the implied malice of a defendant in the second degree felony-murder doctrine? (California, United States of America)
What is the test for establishing that implied malice is implied malice? (California, United States of America)
