What is the test for determining the element of malice and the unlawful removal of a victim's body from the scene of the crime?

As to the element of malice, California has held that "malice may be shown by the extent and severity of the injuries inflicted upon the victim and by the condition in which the victim was left by the attacker." Seastone, 3 Cal.App.3d at 65, 82 Cal.Rptr. at 910. In the present case, the photograph depicting the multiple stab wounds to the body demonstrates the severity of the attack, and the photograph depicting the location of the head in the foliage shows the condition in which the victim was left. The photographs are therefore probative of the element of malice. See also, People v. Hawkins, 76 Cal.App.3d 714, 720, 143 Cal.Rptr. 106, 109 (1978) (photographs showing the manner in which victims were killed, the condition of the bodies when police arrived, and the nature of wounds inflicted are highly probative of the issue of malice). As to the element of unlawful removal, the photographs are probative because they show possible signs of struggle and that the body was found a substantial distance from where the victim was abducted.