What is the test for express malice in a murder case?

California, United States of America


The following excerpt is from People v. Bobo, 271 Cal.Rptr. 277 (Cal. App. 1990):

In reviewing these claims, we must consider the entire record in the light most favorable to the judgment to determine whether any rational trier of fact could have found, beyond a reasonable doubt, the disputed elements. (People v. Guerra (1985) 40 Cal.3d 377, 385, 220 Cal.Rptr. 374, 708 P.2d 1252; People v. Johnson (1980) 26 Cal.3d 557, 576-577, 162 Cal.Rptr. 431, 606 P.2d 738.)

Express malice requires simply an intent unlawfully to kill. (People v. Stress (1988) 205 Cal.App.3d 1259, 1268, 252 Cal.Rptr. 913; 188; see Discussion II, infra.) Express malice can be compatible with a killing that is the result of a bizarre and delusional motive. (Ibid.) In the present case, there is an abundance of evidence that defendant intended to kill her [221 Cal.App.3d 1434] children and such evidence is not limited to

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