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.) […]
Tags: CC 520, CC 625, Malice, Mens Rea, Voluntary Intoxication