People v. Palomar
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On rehearing, the Court of Appeal affirmed defendant's conviction for second degree murder based on an implied malice theory. Defendant punched the victim, the victim fell and hit his head on the curb, and then defendant walked away without taking any measures to assist the victim, who had blood coming from out of his ears, mouth, and the back of his head.
The court held that the evidence was sufficient to support the jury's finding of implied malice. In this case, the physical component of implied malice was satisfied where defendant's act of violence was predictably dangerous to human life, and the mental component of implied malice was satisfied where defendant knew that his conduct endangered the victim's life and he acted with a conscious disregard for life.
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