People of the State of California v. Marjorie F. Knoller
http://www.courttv.com/trials/dogmaul/

Applicable California Law

PENAL CODE
PART 1. Crimes and Punishments
TITLE 8. Crimes Against the Person
CHAPTER 1. Homicide
Cal Pen Code § 187 (2003)

§ 187. Murder defined

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any
of the following apply:

(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.

(2) The act was committed by a holder of a physician’s and surgeon’s certificate, as defined in the Business
and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the
fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.

(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.

(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other
provision of law.

PENAL CODE
PART 1. Crimes and Punishments
TITLE 8. Crimes Against the Person
CHAPTER 1. Homicide
Cal Pen Code § 188 (2003)

§ 188. Malice defined

Such malice may be express or implied. It is express when there is manifested a deliberate intention
unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation
appears, or when the circumstances attending the killing show an abandoned and malignant heart.

When it is shown that the killing resulted from the intentional doing of an act with express or implied malice
as defined above, no other mental state need be shown to establish the mental state of
malice aforethought. Neither an awareness of the obligation to act within the general body of laws
regulating society nor acting despite such awareness is included within the definition of malice.

PENAL CODE
Preliminary Provisions
Cal Pen Code § 20 (2003)

§ 20. To constitute crime there must be unity of act and intent

In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.

Basic Legal Issues

Rules (Including Case Law) Explored

Murder = killing with malice (s. 187)

Malice = express or implied (s. 188)

Express malice manifests a deliberate intention

Intention = criminal negligence (s. 20)

Criminal negligence =

Man of ordinary prudence would foresee that act would cause high degree of risk of death or
bodily harm. Villabos (1962)

Some measure of wantonness or flagrant disregard for safety of others, or willful indifference.
(Driggs)

Wanton or reckless disregard of human safety or life. (Pociask:1939)

Implied Malice = circumstances show an abandoned and malignant heart shown when killing happens in
the commission of an unlawful act, which in its consequences naturally tends to destroy
life = abandoned and militant heart (Green:1956)

can be found . . . when a defendant, knowing that his or her conduct endangers life and acting with a
conscious disregard of the danger commits an act the natural consequences of which are dangerous to
life. (Roberts:1992)