What is implied malice in a second degree murder case?

California, United States of America


The following excerpt is from People v. Barnes, G046721 (Cal. App. 2014):

necessary to support a conviction for second degree murder. "'Malice is implied when the killing is proximately caused by "'an act, the natural consequences of which are dangerous to life, which act was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.'" [Citation.] In short, implied malice requires a defendant's awareness of engaging in conduct that endangers the life of another . . . .'" (People v. Cravens, supra, 53 Cal.4th at p. 507.)

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