What is the definition of malice under which malice is presumed in a murder case?

California, United States of America


The following excerpt is from People v. Dellinger, 264 Cal.Rptr. 841, 49 Cal.3d 1212, 783 P.2d 200 (Cal. 1989):

In People v. Phillips, supra, 64 Cal.2d at p. 587, 51 Cal.Rptr. 225, 414 P.2d 353, we phrased the definition a different way, holding that malice is presumed when " 'the killing proximately resulted from an act, the natural consequences of which are dangerous to life, which act was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.' " (See also People v. Sedeno (1974) 10 Cal.3d 703, 719, 112 Cal.Rptr. 1, 518 P.2d 913.)

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