MALICE AFORETHOUGHT:

Any one of the four types of specific intent will satisfy the malice aforethought requirement: intent to kill, intent to cause grievous bodily injury, intent to commit one of the felonies that will support the felony murder rule, and "an abandoned and malignant heart." The list of these is itself a term of art which means that, although the principal did not intend to kill or seriously injure, he acted in a manner indicative of a total disregard for whether or not someone might be injured or killed.

In any abortion, of course, there is an intent to kill. Abortion proponents, however, may argue that they don't believe the fetus is a human being and therefore, they do not have the intent to kill a human being and so their intent to kill is not the type that is needed to supply malice aforethought. Even the abortionist, however, must admit that a fetus may be human life. Therefore the abortionist, at best, can claim that he does not know whether or not he is taking a human life. He supposes not but knows he could be wrong. His situation then is not unlike the bomber who suspects the building is empty but does not know for sure. At any rate he is willing to take a chance. Thus the malice aforethought requirement is clearly met under the "abandoned and malignant heart" test.

[From 'A Resource Manual']