What is the test for malice in a murder case?

California, United States of America


The following excerpt is from People v. Goodwin, D067547 (Cal. App. 2016):

Malice can be either express or implied. A defendant acts with express malice if he manifested "a deliberate intention unlawfully to take away the life of a fellow creature." ( 188.) A defendant acts with implied malice if the killing resulted from " 'an intentional act, the natural consequences of which are dangerous to life, which act was deliberately performed by [defendant] who knows that his conduct endangers the life of another and who acts with conscious disregard for life.' " (People v. Blakeley (2000) 23 Cal.4th 82, 87.)

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