Is there any case law supporting the argument that a defendant's mental state was not sufficient to convict him of attempted murder?
California, United States of America
The following excerpt is from People v. Warner, 256 Cal.Rptr.3d 657, 43 Cal.App.5th 457 (Cal. App. 2019):
evidence. [Citation.] ... [I]t is well settled that intent to kill or express malice, the mental state required to convict a defendant of attempted murder, may ... be inferred from the defendants acts and the circumstances of the crime. [Citation.]" ( People v. Avila (2009) 46 Cal.4th 680, 701, 94 Cal.Rptr.3d 699, 208 P.3d 634.)
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