Does an expert's opinion as to whether appellant harbored malice be inadmissible in a criminal case?

We agree. Pursuant to Penal Code section 28 appellant's alleged lack of capacity to harbor malice was irrelevant. ⁶ (People v. Saille, supra, 54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 820 P.2d 588.) Pursuant to Penal Code section 29, the expert's opinion as to whether he actually harbored malice was inadmissible. ⁷ Further, the trial court specifically found that appellant "consumed enough alcohol and/or drugs to impair his faculties on the day of the accident...." For these reasons, it is clear that a different verdict would not have

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