California, United States of America
The following excerpt is from People v. Simmons, F065631 (Cal. App. 2014):
Unlike People v. Rogers, the jury here was not instructed all types of murder required the intent to kill. Nor did the trial court instruct the jury all forms of murder were specific intent crimes. Rather, the court explained the crime of murder could require either a specific intent or mental state. Additionally, instead of providing the intent or mental state required within the concurrence instruction itself, the court directed the jury to the instructions defining the crimes to determine what intent or mental state was required. The trial court later accurately explained murder could be based upon either express or implied malice and provided the appropriate definitions of those terms.
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