What is the test for an instruction on involuntary manslaughter on a charge of assault with intent to cause grievous bodily harm against an elderly woman?

We must also determine whether the evidence shows a lack of malice, such that an instruction on misdemeanor-manslaughter was required. Punching a smaller, older, victim with fists is inherently dangerous. (See People v. Guillen (2014) 227 Cal.App.4th 934, 985; see also, People v. Cravens (2012) 53 Cal.4th 500, 508.) Such an act of violence shows a conscious disregard for life, that is, implied malice, and an instruction on involuntary manslaughter is not required where the charges, and the evidence adduced as proof thereof, show malice. (See Bryant, supra, 56 Cal.4th at p. 970.) Because the natural consequences of defendant's conduct were dangerous to life, there is no basis for an instruction on misdemeanor battery to support an involuntary manslaughter theory on that ground. The jury was properly instructed on voluntary manslaughter, so there was no error.