Also known as: kill with malice · killed with malice · kills with malice · malice aforethought
Written by attorneys · grounded in primary & secondary sources — see below
An unlawful killing of a human being accompanied by malice aforethought. Malice aforethought exists when the defendant acts with an intent to kill, an intent to inflict grievous bodily harm, extreme recklessness demonstrating a depraved heart, or an intent to commit a felony.
Kristopher Kurtz lured Keisha Kincaid into a dark alley after a dispute. He retrieved a metal pipe from his vehicle and struck her repeatedly in the head. The blows caused her immediate death. The factfinder may infer that Kurtz acted with an intent to kill.
Kiara Kaur confronted Kimberly Knox over a business disagreement. Kaur retrieved a loaded pistol, aimed at Knox's chest, and fired a single fatal shot. The deliberate use of the weapon on a vital area establishes the required mental state for the homicide classification.
Kwame Kofi entered a laboratory and locked the door behind Katherine Kim. He wrapped an electrical cord around her neck and applied pressure until she stopped breathing. The prolonged targeting of a vital area supports the finding of malice in the resulting homicide.
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A farmhand discovered that his employer had been stealing equipment. The employer retrieved a rifle, aimed at the farmhand's torso, and fired once. The intentional direction of the deadly weapon at a vital body part permits the inference of intent to kill.
A surgeon argued with a nurse in a hospital corridor. He obtained a scalpel and deliberately drove it into her chest. The sustained and targeted attack on a vital area demonstrates the deliberate intent to cause serious injury required for the homicide classification.
Dennis Davis was accused of killing Sol Blackwell during a confrontation. Evidence showed Davis struck Blackwell with a weapon aimed at a vital area. The prosecution established the required mental state even though Davis offered evidence of unsoundness of mind.
Malice aforethought exists if the defendant acts with an intent to kill, an intent to inflict grievous bodily harm, extreme recklessness demonstrating a depraved heart, or an intent to commit a felony. These states are established through direct evidence or permissible inferences such as the use of a deadly weapon on a vital body part.
Supporting sources
When a defendant intentionally uses a deadly weapon directed at a vital part of the victim's body, the factfinder may infer an intent to kill. This inference satisfies the malice aforethought requirement even without an express statement of purpose to cause death.
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No. Voluntary manslaughter requires adequate provocation that would arouse sudden passion in an ordinary person, actual provocation of the defendant, and killing before a reasonable cooling-off period. Mere words or discovery of financial misconduct do not qualify as adequate provocation.
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The prosecution need not rely on felony murder when direct evidence shows an intent to kill or to cause grievous bodily harm. The core malice requirement is satisfied by the intentional use of a deadly weapon on a vital area without reference to an underlying felony.
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…(1975), in which we invalidated a Maine statute that presumed that a defendant who acted with an intent to kill possessed the "malice aforethought" necessary to constitute the State's murder offense (and therefore, was subject to that crime's associated punishment of life imprisonment). The statute placed the burden on the defendant…