California, United States of America
The following excerpt is from People v. White, B275585 (Cal. App. 2019):
" ' "Homicide is the killing of a human being by another ... ." ' [Citation.]" (People v. Beltran (2013) 56 Cal.4th 935, 941 (Beltran).) Criminal homicide is divided into two categories:
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murder and manslaughter. (Ibid.) Murder is a killing performed with malice aforethought. ( 187.) Malice may be express or implied. ( 188.) "Express malice is an intent to kill. [Citation.] Implied malice does not require an intent to kill. Malice is implied when a person willfully does an act, the natural and probable consequences of which are dangerous to human life, and the person knowingly acts with conscious disregard for the danger to life that the act poses." (People v. Gonzalez (2012) 54 Cal.4th 643, 653.) While first degree murder requires the defendant to act willfully, deliberately, and premeditatedly with an intent to kill, second degree murder requires only that the defendant act with malice. (Beltran, at p. 942.)
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