Does the fact that the victim may have escaped death because of poor marksmanship necessarily establish a less culpable state of mind?
California, United States of America
The following excerpt is from People v. Aguilar, G045345, Super. Ct. No. 08NF2632 (Cal. App. 2012):
does the fact that the victim may have escaped death because of the shooter's poor marksmanship necessarily establish a less culpable state of mind.' [Citation.]" (People v. Chinchilla (1997) 52 Cal.App.4th 683, 690.) A reasonable juror could have concluded the unprovoked and close-range shooting was done in a manner suggesting a preconceived design to kill.
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