What is the test for a minor who alleges that the prosecution failed to prove that he acted maliciously in a criminal case?

California, United States of America


The following excerpt is from People v. B.V., B228503 (Cal. App. 2011):

Minor claims that without evidence that he harbored a particular state of mind, such as anger or hostility, the prosecution failed to prove he acted maliciously. Evidence of anger and hostility are not required to establish malice; although malice in fact consists of actual ill will or intent to injure, malice in law is defined as '"an intent to do a wrongful act."' (In re V.V., supra, 51 Cal.4th at p. 1028.)3 When used in a penal statute, the word "maliciously" is ordinarily an expression of general criminal intent. (People v. Atkins (2001) 25 Cal.4th 76, 85-86 (Atkins).)

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