18-4002. EXPRESS AND IMPLIED MALICE. 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.
History:
[18-4002, added 1972, ch. 336, sec. 1, p. 928.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Section 18-4001 - MURDER DEFINED.
Section 18-4002 - EXPRESS AND IMPLIED MALICE.
Section 18-4003 - DEGREES OF MURDER.
Section 18-4004 - PUNISHMENT FOR MURDER.
Section 18-4004A - NOTICE OF INTENT TO SEEK DEATH PENALTY.
Section 18-4005 - PETIT TREASON ABOLISHED.
Section 18-4006 - MANSLAUGHTER DEFINED.
Section 18-4007 - PUNISHMENT FOR MANSLAUGHTER.
Section 18-4009 - JUSTIFIABLE HOMICIDE BY ANY PERSON.
Section 18-4011 - JUSTIFIABLE HOMICIDE BY OFFICER.
Section 18-4012 - EXCUSABLE HOMICIDE.
Section 18-4013 - DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.
Section 18-4014 - ADMINISTERING POISON WITH INTENT TO KILL.