What is the test for a jury to determine whether there is malice in the cause of death?

California, United States of America


The following excerpt is from People v. Gattis, A132506 (Cal. App. 2013):

The jury in this case was instructed on murder, manslaughter, intoxication, mental deficiencies, and unconsciousness. Murder is the unlawful killing of a human being with malice aforethought, which can be express or implied. Express malice is the intent to unlawfully kill. (People v. Perez (2010) 50 Cal.4th 222, 233, fn. 7.) Implied malice is a " 'conscious disregard for life.' " (People v. Blakeley (2000) 23 Cal.4th 82, 87.) Specifically, malice is implied "when a killing results from an intentional act, the natural consequences of which are dangerous to human life, and the act is deliberately performed with knowledge of the danger to, and with conscious disregard for, human life." (People v. Cook (2006) 39 Cal.4th 566, 596.)

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