California, United States of America
The following excerpt is from 111 Cal.App.3d 300, People v. Von Glahn, 168 Cal.Rptr. 446 (Cal. App. 1980):
1 It would not be correct to say that express malice was proved by a showing that defendant harbored an intent to kill, since the existence of malice might be negated by a "sudden quarrel or heat of passion" or diminished capacity. (People v. Heffington, supra, 32 Cal.App.3d at p. 12, 107 Cal.Rptr. 859.) These defenses would be as effective in negating implied malice as express, however.
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