[dragonwriter]

> and specifically premeditated (which it almost certainly is not)

No, "malice aforethought" does not, in modern US usage, actually equal premeditation; there are four distinct states all held to be encompassed within "malice aforethought" [0]:

i. Intent to kill,

ii. Intent to inflict grievous bodily harm short of death,

iii. Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or

iv. Intent to commit a dangerous felony (the "felony murder" doctrine).

[0] https://en.wikipedia.org/wiki/Malice_aforethought#United_Sta...