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People v. Benitez12/3/1992 iven for decades to do so, most recently in Watson, supra, 30 Cal. 3d 290, and People v. Dellinger, supra, 49 Cal. 3d 1212. The clearest language describing the nature of the physical act required to establish implied malice is Watson 's formulation that the act must have contained a high probability that death would result. The Legislature has approved this standard (§ 192), and we have never retreated from it. The trial courts would be on safe ground to recite it to the jury.
Kennard, J., concurred.
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