What is the burden of proving malice in a robbery case?
California, United States of America
The following excerpt is from People v. Valdez, 32 Cal.4th 73, 8 Cal.Rptr.3d 271, 82 P.3d 296 (Cal. 2004):
19. Because the prosecution proceeded on only a felony-murder theory, it was not required to proved malice express or implied. (See People v. Dillon (1983) 34 Cal.3d 441, 475, 194 Cal.Rptr. 390, 668 P.2d 697 ["In every case of murder other than felony murder the prosecution undoubtedly has the burden of proving malice as an element of the crime"].) The prosecution only needed to prove that the victim was killed during the course of a robbery accidentally or otherwise.
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