Idaho Code § 18-4002 : — CRIMES AND PUNISHMENTSHOMICIDE —4002 - EXPRESS AND IMPLIED MALICE TEXT PDF 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. Idaho Code § 18-4002 [18-4002, added 1972, ch. 336, sec. 1, p. 928.]