SERIES 500 HOMICIDE
F 520 NOTES
TABLE OF CONTENTS
F 520 Note 1 Applicability of Implied Malice To Fetus Murder – Knowledge of Fetus Not Required
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F 520 Note 1 Applicability Of Implied Malice To Fetus Murder – Knowledge Of Fetus Not Required
“When defendant commits an act, the natural consequences of which are dangerous to human life, with a conscious disregard for life in general, he acts with implied malice toward those he ends up killing . . .” and he does not need to be specifically aware of how many potential victims his conscious disregard for life endangered. (People v. Pool (2008) 166 CA4th 904, 908.)
Thus, knowledge of the fetus is not a prerequisite to fetus murder. (Ibid.; see also People v. Taylor (2004) 32 C4th 863.)