Is implied malice sufficient to constitute an actual malice in an attempted murder case?

California, United States of America


The following excerpt is from The People v. Morris, E047667, Super.Ct.No. SWF023090 (Cal. App. 2010):

"Attempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing. [Citations.]" (People v. Superior Court (Decker) (2007) 41 Cal.4th 1, 7.) Thus, intent to kill is an essential element of the crime of attempted murder (People v. Scott (1997) 15 Cal.4th 1188, 1213), and implied malice is not sufficient. (People v. Lashley (1991) 1 Cal.App.4th 938, 945, fn. 4.)

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