Malice and Voluntary Intoxication
August 14th, 2015

People v. Turk (2008) 164 Cal. App. 4th 1361, 1382, rejected the defendant’s argument that the instruction gave insufficient guidance that malice aforethought and intent to kill are the same thing. The jury was instructed under CC 520 in defining murder that, “[t]he defendant acted with express malice if he unlawfully intended to kill.” (Ibid.)  When combined with CC 520, CC 625 adequately instructed that the jury could consider evidence of the defendant’s voluntary intoxication in deciding whether he had acted “with an intent to kill” provided sufficient guidance. (Id. at 1882-83.)

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