California, United States of America
The following excerpt is from People v. Martinez, B248226 (Cal. App. 2014):
endangers the life of another and who acts with conscious disregard for life."'"' [Citations.] [] Implied malice is determined by examining the defendant's subjective mental state to see if he or she actually appreciated the risk of his or her actions. [Citations.] Malice may be found even if the act results in a death that is accidental. [Citation.] It is unnecessary that implied malice be proven by an admission or other direct evidence of the defendant's mental state; like all other elements of a crime, implied malice may be proven by circumstantial evidence. [Citation.]" (People v. Superior Court (Costa) (2010) 183 Cal.App.4th 690, 697.)
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