In a motor vehicle case, what evidence does the court consider to support an inference of malice?

California, United States of America


The following excerpt is from People v. Watson, 150 Cal.App.3d 313, 198 Cal.Rptr. 26 (Cal. App. 1983):

Addressing the other evidence bearing on malice, the court indicated that defendant's state of intoxication was insufficient in itself from which to draw an inference of malice. In evaluating the speed factor, the court acknowledged defendant's excessive speed was a contributing cause of the victims' deaths sufficient to establish the element of gross negligence required for felony vehicular manslaughter. The court did not believe, however, that the evidence of excessive speed warranted an inference of malice, that is, that it demonstrated on defendant's part the subjective awareness of the high degree of risk to human life accompanied by the type of wanton conduct from which malice may be implied. (See People v. Watson, supra, 30 Cal.3d at pp. 296, 300-301, 179 Cal.Rptr. 43, 637 P.2d 279.)

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