Is there insufficient evidence of malice in the case of a defendant who was found guilty of assault by reason of gross negligence?
California, United States of America
The following excerpt is from People v. Alaniz, H041643 (Cal. App. 2016):
Defendant argues that there was insufficient evidence of malice because the prosecution failed to prove the absence of (1) an honest belief in the need to defend himself and others and (2) heat of passion or sudden quarrel. (See People v. Rios (2000) 23 Cal.4th 450, 460 [a defendant lacks malice if he or she acts in a sudden quarrel or heat of passion or with an unreasonable but good faith belief in having to act in self-defense].)
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