What is the test for determining whether a defendant has the mental state required for implied malice to be convicted of murder?
California, United States of America
The following excerpt is from People v. Canizalez, B218515 (Cal. App. 2011):
Appellants requested a pinpoint instruction telling the jury that it had to find that the perpetrator had the mental state required for implied malice to find him guilty of murder. This instruction was unnecessary because other instructions adequately informed the jury of this point. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 99 [a trial court need not give a pinpoint instruction if it merely duplicates other instructions].)
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