What is implied malice in second degree murder cases?
MultiRegion, United States of America
The following excerpt is from Rodriguez v. Davey, No. 2:12-cv-2260 TLN GGH P (E.D. Cal. 2017):
Cal. Penal Code 188. Implied malice exists "when a defendant is aware that he is engaging in conduct that endangers the life of another." People v. Cravens, 53 Cal.4th 500, 507 (2012).
Second degree murder contains the same elements as first degree murder, but without the additional elements of premeditation and deliberation, which first degree murder requires. People v. Sandoval, 62 Cal.4th 394, 424 (2015).
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