California, United States of America
The following excerpt is from People v. Burciaga, F067420 (Cal. App. 2015):
Based on these facts, there is overwhelming evidence of malice and defendant's intent to kill Adams to support a conviction for second degree murder. "[P]roof of unlawful 'intent to kill' is the functional equivalent of express malice. [Citation.]" (People v. Swain (1996) 12 Cal.4th 593, 601.) "[W]hen an intentional killing is shown, malice aforethought is established." (People v. Saille (1991) 54 Cal.3d 1103, 1114.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.