Can a defendant be found guilty of attempted murder?

California, United States of America


The following excerpt is from People v. Young, 120 Cal.App.3d 683, 175 Cal.Rptr. 1 (Cal. App. 1981):

[120 Cal.App.3d 692] In People v. Snyder, supra, defendant was convicted of attempted murder, though the opinion neglects to state the degree. Reversal was predicated upon the court's instructions that "a person is presumed to intend to do that which he voluntarily and wilfully does in fact do, and is also presumed to intend all the natural, probable and usual consequences of his acts," the court finding attempted murder required a specific intent to kill which may not be based upon a presumption. We construe Snyder as holding that a specific intent may not be presumed from the mere doing of the criminal or wilful and wanton act but proof must be presented that the defendant

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