People v. PalomarAnnotate this Case
The Court of Appeal affirmed defendant's conviction of second degree murder, holding that substantial evidence supported the finding of implied malice. Defendant punched the victim who fell down and hit his head on the curb. The court held that the evidence of defendant's conduct and his mental state satisfied the elements of implied malice. The court stated that defendant announced his intention to attack the victim, and he did so in no uncertain terms.