California, United States of America
The following excerpt is from People v. Wilcox, E072389 (Cal. App. 2020):
"Review of the adequacy of instructions is based on whether the trial court 'fully and fairly instructed on the applicable law.' [Citation.] ' "In determining whether error has been committed in giving or not giving jury instructions, we must consider the instructions as a whole . . . [and] assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given." ' " (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.) We review the correctness of instructions de novo. (People v. Posey (2004) 32 Cal.4th 193, 218.)
Section 188 defines malice for murder as follows: "[M]alice may be express or implied. [] [It] is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature." " '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.' " " (People v. Cravens (2012) 53 Cal.4th 500, 507.)
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