What constitutes intent to kill for purposes of murder?
California, United States of America
The following excerpt is from People v. Martinez, D077998 (Cal. App. 2021):
Intent to kill for purposes of murder, also known as express malice, is shown when the assailant either desires the death or knows to a substantial certainty that death will occur. ( 188, subd. (a)(1); People v. Smith (2005) 37 Cal.4th 733, 739; In re M.S. (2019) 32 Cal.App.5th 1177, 1185.) Intent to kill may be inferred from the defendant's acts and the circumstances of the crime. (Ibid.)
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