California, United States of America
The following excerpt is from The People v. Lopez, G042168, No. 02CF1819 (Cal. App. 2010):
Murder is the unlawful killing of a human being with malice aforethought. ( 187, subd. (a).) Malice is express when "there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." ( 188.) "[U]nlawful 'intent to kill' is the functional equivalent of express malice. [Citation.]" (People v. Swain (1996) 12 Cal.4th 593, 601.) "[O]nce the trier of fact finds a deliberate intention unlawfully to kill, no other mental state need be shown to establish malice aforethought." (People v. Saille (1991) 54 Cal.3d 1103, 1113.)
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