Malice is a
legal term referring to a party's
intention to do
injury to another party. Malice is either
expressed or
implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Cal. Pen. Code § 188. Malice, in a legal sense, may be inferred from the evidence and
imputed to the
defendant, depending on the nature of the case.