California, United States of America
The following excerpt is from People v. Yepez, 2d Crim. No. B249483 (Cal. App. 2015):
The crime of attempted murder also requires the specific intent to kill, in addition to the commission of a direct but ineffectual act toward accomplishing the intended killing. (People v. Smith, supra, 37 Cal.4th 733, 739.)
The trier of fact may infer intent to kill or express malice from the defendant's acts and the circumstances of the crime. (People v. Smith, supra, 37 Cal.4th 733, 741.) Rarely is there direct evidence of a defendant's intent; it must be inferred from his acts and the factual circumstances. (Ibid.) "[T]he act of purposefully firing a lethal weapon at another human being at close range, without legal excuse, generally gives rise to an inference that the shooter acted with express malice." (Id. at p. 742.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.