Does section 1159 of the California Criminal Code allow a defendant to be found guilty of a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm?
California, United States of America
The following excerpt is from People v. Kinsey, 40 Cal.App.4th 1621, 47 Cal.Rptr.2d 769 (Cal. App. 1995):
4 Although, because of this specific intent element, some attempts would not be lesser included offenses of their consummated offenses (See People v. Rush (1993) 16 Cal.App.4th 20, 27-38, 20 Cal.Rptr.2d 15 (dissent opn. of Woods (Fred) J.)), section 1159 provides "The jury ... may find the defendant guilty of ... [the] offense ... or of an attempt to commit the offense."
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