What is the test for an application to define a crime of attempted murder based upon implied malice?

As stated in a recent appellate decision applying the foregoing rule, "as to the crime of attempt to commit murder, where a specific intent to kill is absolutely required, reliance upon any definition of murder based upon implied malice is logically impossible, for implied malice cannot coexist with express malice. With this fundamental concept to be reckoned with, [43 Cal.3d 671] instructions on the crime of attempt to commit murder, necessarily, when they define the underlying crime of murder, must be limited only to that kind of murder where a specific intent to kill or, in other words, express malice, is one of the elements." (People v. Santascoy (1984) 153 Cal.App.3d 909, 914, 200 Cal.Rptr. 709; see also People v. Bounds (1985) 171 Cal.App.3d

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