Can a defendant be convicted of attempted murder if some of the victims of the attack survive?
California, United States of America
The following excerpt is from People v. Neuhaus, A151546 (Cal. App. 2019):
not merely subject everyone in the kill zone to lethal risk. Rather, the defendant specifically intends that everyone in the kill zone die. If some of those individuals manage to survive the attack, then the defendanthaving specifically intended to kill every single one of them and having committed a direct but ineffectual act toward accomplishing that resultcan be convicted of their attempted murder." (People v. McCloud (2012) 211 Cal.App.4th 788, 798.)
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