What is the test for express v implied malice in a murder trial?
California, United States of America
The following excerpt is from People v. Hatch, A150896 (Cal. App. 2018):
During deliberations, the jury sent a note with the following request: "Better clarification of express v. implied malice. [] Malice (in general) definition - 'aforethought' [] . . . How does an act go from malice (initially) to non-malice? Is this possible? [] i.e., initial act of pointing a gun to a struggle for the gun? Not sure if this is clear?"
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