Wright v. State

“Murder is the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.” Penal Code, § 60. An indictment charging murder under this section must generally allege that the homicide was committed with malice aforethought. This is so because malice aforethought is made an essential element of the crime of murder, as defined under this section. It has been held that the omission to use the language, “malice aforethought,” is not fatal to an indictment for murder under this section. The employment…