Idaho Code
Idaho Code

Idaho Code § 18-4002 (2026)

Express and implied malice. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1953–2022 · leading case: Sheahan v. State, 190 P.3d 920 (Idaho Ct. App. 2008).
Sort: Relevance Newest Treatment
Sheahan v. State, 190 P.3d 920 (Idaho Ct. App. 2008). · cites it 4× “” “Malice,” as used in the murder statute, is in turn defined in I.C. § 18-4002: Such malice may be express or implied.”
State v. Lankford, 781 P.2d 197 (Idaho 1989). · cites it 8× “Idaho Code § 18-4002 (1987) provides that "such malice may be express or implied.”
State v. Adamcik, 272 P.3d 417 (Idaho 2012). · cites it 4× “15, paragraph 2, which states that malice aforethought exists where "[t]he defendant intentionally engaged in conduct dangerous to another under circumstances which demonstrated an extreme indifference to the value of human life.”
Fenstermaker v. State, 912 P.2d 653 (Idaho Ct. App. 1995). · cites it 20× “Idaho Code § 18-4002 does address malice aforethought, but it is debatable whether that section provides a definition of malice or only refers to how malice may be proved.”
State v. Pizzuto, 810 P.2d 680 (Idaho 1991). · cites it 4× “Idaho Code § 18-4002 defines both express and implied malice and states: I.”
State v. Enno, 807 P.2d 610 (Idaho 1991). · cites it 4× “This is sufficient to instruct the jury and we find no reversible error.”
State v. Aragon, 690 P.2d 293 (Idaho 1984). · cites it 4× “[1] The third paragraph is taken directly from I.C. § 18-4002. [2] Instruction 25 defined first degree murder as follows: "Murder in the First Degree is defined in this case as all murder which is perpetrated by any kind of wilful, deliberate and premeditated killing.”
State v. Olin, 648 P.2d 203 (Idaho 1982). · cites it 4× “I.C. § 18-4002. Certainly, the fact that the victim in this case was stabbed 33 times is sufficient to meet that standard and support the jury's conclusion that the killing was done with malice.”
State v. Pratt, 873 P.2d 848 (Idaho 1994). · cites it 8× “Idaho Code § 18-4002 provides that "such malice may be express or implied.”
Sivak v. Hardison, 658 F.3d 898 (9th Cir. 2011). · cites it 2× “at 788 (citing Idaho Code § 18-4002 ). The Dunlap court added that "implied malice” was not sufficient to establish intent to kill, as implied malice exists "when the circumstances attending the killing show an abandoned and malignant heart.”
State v. Dillon, 471 P.2d 553 (Idaho 1970). · cites it 6× “however, the jury is fully instructed concerning the frame of mind required by I.C. § 18-4002, “Express and Implied Malice,” 47 any error of the I.”
State v. Luke, 1 P.3d 795 (Idaho 2000). · cites it 4× “Quoting I.C. § 18-4002, the Court in Buckley explained that malice is broken down into two forms of intent.”
Show all 34 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.