California, United States of America
The following excerpt is from People v. Avila, G040311 (Cal. App. 6/25/2009), G040311. (Cal. App. 2009):
Murder requires "malice aforethought." (Pen. Code, 187, subd. (a).) Such malice may be implied when "the circumstances attending the killing show an abandoned and malignant heart." (Pen. Code, 188.) Case law has interpreted this ambiguous statutory language in the following way the test as to whether a defendant had the implied malice necessary for a second degree murder charge is whether or not the defendant was subjectively aware that he or she was engaged in conduct that endangered the life of another. (People v. Knoller (2007) 41 Cal.4th 139, 143.)
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