California, United States of America
The following excerpt is from People v. Bellows, B264633 (Cal. App. 2016):
murder, and the allegation of premeditation and deliberation was additional to that adjudicated intent element. Assuming section 664(a) must now be deemed a new and separate crime, the mens rea element is not missing as defendant asserts, but incorporated into a statute containing the additional elements of premeditation and deliberation. As defendant was found guilty as a direct aider and abettor, the jury necessarily found that she harbored the necessary mental state of guilty knowledge and shared intent to kill. (See People v. Smith, supra, 37 Cal.4th at p. 741.)6 Defendant's conviction of attempted murder as incorporated into section 664(a), thus rested on personal guilt, not strict liability, and the trial court's instructions did not omit the mens rea element of the crime.
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