Is there a crime of attempted murder if there is no crime of involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Garcia, C066714 (Cal. App. 2019):

39. Ballesteros argues, without citation to authority, that he was entitled to this instruction as to both counts of attempted murder as well as the murder count. There is no crime of attempted involuntary manslaughter, because an attempt requires an intent to commit a crime (here an intent to commit an unlawful killing) and involuntary manslaughter is an unintentional killing. It is not possible to intend to commit an unintentional killing. (People v. Johnson (1996) 51 Cal.App.4th 1329, 1332.) Accordingly, we address Ballesteros's claim of instructional error only as it applies to the murder count.

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