California, United States of America
The following excerpt is from People v. Palmer, C063683, Super. Ct. No. 08F01427 (Cal. App. 2012):
"Murder is the unlawful killing of a human being . . . with malice aforethought." ( 187, subd. (a).) "[M]alice may be express or implied." ( 188). Malice "is implied[] when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart." (Ibid.) "Implied malice requires that the defendant act with a wanton disregard of the high probability of death. [Citations.]" (People v. Moore (2010) 187 Cal.App.4th 937,
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941.) The defendant must "'"know[] that his conduct endangers the life of another and . . . act[] with conscious disregard for life."' [Citations.]" (People v. Martinez (2003) 31 Cal.4th 673, 684.)
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