California, United States of America
The following excerpt is from People v. German, B270020 (Cal. App. 2017):
on a substantial evidence ground "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)
Murder is the unlawful killing of a human being with malice aforethought, which may be express or implied. ( 187, subd. (a); 188.) "Malice is implied when the killing is proximately caused by '"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."' [Citation.] In short, implied malice requires a defendant's awareness of engaging in conduct that endangers the life of another -- no more, and no less." (People v. Knoller (2007) 41 Cal.4th 139, 143.)
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