When will a jury not give a second degree felony-murder instruction at trial for assault with intent to commit murder?

By parity of reasoning with People v. Ireland, 70 Cal.2d 522, 538--539, 75 Cal.Rptr. 188, 450 P.2d 580, the italicized portion[32 Cal.App.3d 13] of CALJIC 8.11 should not be given in a trial for assault with intent to commit murder. Ireland holds that in a murder trial a second degree felony-murder instruction should not be given when it is based on a felony which is an integral part of the murder. Specifically, Ireland teaches that the court should not tell the jury that malice may be implied from a killing perpetrated in the course of a felonious assault; that such an instruction tends to relieve the jury of the necessity of finding actual malice.

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