People v. Poddar

*753Opinion

WRIGHT, C. J.

Defendant was charged by information with the murder of Tatiana (Tanya) Tarasoff. (Pen. Code, § 187.) He pleaded not guilty and not guilty by reason of insanity. A jury returned a verdict of guilty of second degree murder and found defendant sane at the time of the commission of the crime. He was sentenced to state prison for «the term prescribed by law.

Defendant’s principal complaint on appeal is that the trial court erred in giving implied malice-second degree murder instructions. (CALJIC No. 8.31.)1 The People contend that the instructions were proper and, even if…