Michael Porter (defendant) got into a fight with D.J. Flett outside of a bar. Porter punched Flett, knocking him down. Flett’s head hit the pavement, and he was knocked unconscious. Porter hit Fleet two or three more times. Flett died from the injuries he sustained. The State of Idaho (plaintiff) charged Porter with second degree murder. The prosecution acknowledged that Porter did not intend to kill Flett but believed that Porter acted with malice aforethought. Porter filed a motion to reduce the charge to involuntary manslaughter. The district court reduced the charge to voluntary manslaughter. Both parties appealed. The court of appeals reversed and remanded for reinstatement of the second degree murder charge. The Supreme Court of Idaho granted Porter’s petition for review.