What is the test for malice when a defendant is accused of first degree murder?

^10. As we have noted, murder is defined as an unlawful killing "with malice aforethought" ( 187, subd. (a)), and first degree murder includes one committed during the commission of specified felonies, including robbery ( 189). Courts have employed various formulations to express the requirement of malice when a defendant is accused of felony murder, sometimes saying that the law " 'imputes malice' " to one who kills in perpetration of a robbery, and sometimes that the felony murder rule acts as a " 'substitute' for malice aforethought." (People v. Friend (2009) 47 Cal.4th 1, 75-76.)

^11. Although defendant did not object to all of the statements and questions he now challenges, we will consider his contentions on the merits. (See People v. Williams (1998) 17 Cal.4th 148, 161, fn. 6.)