Does the doctrine of implied malice or the felony-murder rule apply to a conviction of attempted murder?

California, United States of America


The following excerpt is from People v. Patterson, 209 Cal.App.3d 610, 257 Cal.Rptr. 407 (Cal. App. 1989):

The court held, as have we, the instructions on attempted murder erroneously suggested the doctrine of implied malice or the felony-murder rule [209 Cal.App.3d 616] could serve as a basis for a conviction of attempted murder. (People v. Hammond, supra, 181 Cal.App.3d at p. 468, fn. 5, 226 Cal.Rptr. 475.) However, the court further held Hammond was not prejudiced by this instruction because he was tried and convicted on a theory of aiding and abetting, and "[u]nder such theory of vicarious liability, the jury was not required to find that he possessed the specific intent to kill." (Id. at pp. 468-469, 226 Cal.Rptr. 475.)

Other Questions


Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice? (California, United States of America)
What is implied malice for the implied malice of a defendant in the second degree felony-murder doctrine? (California, United States of America)
Does the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
Is implied malice sufficient to constitute an actual malice in an attempted murder case? (California, United States of America)
Does the cumulative error doctrine apply to overturn a conviction of attempted murder? (California, United States of America)
What is the prosecution's argument that defendant was not guilty of express-malice murder but at most of murder with implied malice? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Is implied malice required for a jury to convict a defendant of attempted murder? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.