What is the test for malice in a murder case?

We conclude that there was no substantial evidence that the killing was committed without malice aforethought. "'[M]alice aforethought'" is "an essential element of the crime of murder whether it be of the first degree or of the second degree." (People v. Bender (1945) 27 Cal.2d 164, 180, italics omitted.) To establish the "mental state of malice aforethought," the evidence must establish that "the killing resulted from the intentional doing of an act with express or implied malice ...." ( 188.) Express malice

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