What is the test for "implied malice" in a murder case?
California, United States of America
The following excerpt is from People v. Pendergrass, A152086 (Cal. App. 2018):
Count one alleged appellant committed second degree murder, which required a showing of "implied malice"that "a person, knowing that his conduct endangers the life of another, nonetheless act[ed] deliberately with conscious disregard for life." (People v. Watson (1981) 30 Cal.3d 290, 296.) "[A] finding of implied malice depends upon a determination that the defendant actually appreciated the risk involved, i.e., a subjective standard." (Id., at pp. 296-297.)
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