What is the test for determining whether a jury has found a defendant guilty of murder by reason of malice?

California, United States of America


The following excerpt is from People v. Parker, B247064 (Cal. App. 2014):

"'In reviewing a challenge to the sufficiency of the evidence, we do not determine the facts ourselves. Rather, we "examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidenceevidence that is reasonable, credible and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." [Citations.] We presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citation.] [] . . . "[I]f the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding." [Citation.] We do not reweigh evidence or reevaluate a witness's credibility. [Citation.]' [Citations.]" (People v. Scott (2011) 52 Cal.4th 452, 487.)

The jury was instructed on both express malice and implied malice. "'Murder is the unlawful killing of a human being . . . with malice aforethought.' [Citation.] 'Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.' [Citation.] 'Murder that is committed with malice but is not premeditated is of the second degree.' [Citations.]" (People v. Prince (2007) 40 Cal.4th 1179, 1265-1266.) "Malice will be implied 'when the killing results from an intentional 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. [Citations.]' [Citations.]" (People v. Taylor (2010) 48 Cal.4th 574, 623-624.)

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