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Gilbert v. Moore, No. 96-12 (4th Cir.) (134 F.3d 642) (January 22, 1998) (Judge Donald S. Russell)

The key issue on appeal was the implied malice instruction. At the close of the guilt phase of the Petitioners' trial, the trial court instructed the jury that murder is "the killing of any person with malice aforethought, either expressed or implied." The trial court explained that "malice may be ...

 

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