What is the test for malice in the context of a murder conviction pursuant to section 187 of the California Penal Code?

Of course, a finding of malice is necessary to support a murder conviction pursuant to section 187. We recently observed in People v. Croy [45 Cal.3d 1109] (1985) 41 Cal.3d 1, 221 Cal.Rptr. 592, 710 P.2d 392:

"In People v. Conley (1966) 64 Cal.2d 310, 316-322 [49 Cal.Rptr. 815, 411 P.2d 911], we surveyed precedent spanning several decades in support of our pronouncement that under our Penal Code [as it existed at the time of Croy and of the present trial] malice aforethought is to 'be distinguished from that state of mind described as "wilful, deliberate, and premeditated...." ' (Id., at p. 321 [49 Cal.Rptr. 815, 411 P.2d 911]; [citations].) Malice, we stated, is characterized by the exhibition of 'wanton disregard for human life or antisocial motivation....' ( People v. Conley, supra, 64 Cal.2d at p. 322 [49 Cal.Rptr. 815, 411 P.2d 911].) More precisely, '[a]n intentional act that is highly dangerous to human[755 P.2d 1007] life, done in disregard of the actor's awareness that society requires him to conform his conduct to the law, is done with malice.' ... [p] Malice, then, is quite different from the 'state of mind described as "wilful, deliberate, and premeditated." ... The latter phrase encompasses the mental state of one who carefully weighs the course of action he is about to take and chooses to kill his victim after considering reasons for and against it. [Citation.]' ( People v. Conley, supra, 64 Cal.2d at pp. 321-322 [49 Cal.Rptr. 815, 411 P.2d 911].) While we have recognized that in most

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