Is there any reversible error in the Court of Appeal's instructions on attempted murder?

California, United States of America


The following excerpt is from People v. Loustaunau, 181 Cal.App.3d 163, 226 Cal.Rptr. 216 (Cal. App. 1986):

Appellant contends the court committed reversible error in its instructions on attempted murder. The court twice instructed the jury that attempted murder requires a specific intent. The court said the specific intent was included in the definition of the crime. In the course of defining murder, in the language of CALJIC Nos. 8.10 and 8.11 (1983 Revision), requested by appellant, the court gave both definitions of malice aforethought, express and implied. 11 Insofar as this definition might have been applied to attempted murder, it was partially erroneous. Since attempted murder requires specific intent to kill, the definition of implied malice should have been omitted [181 Cal.App.3d 175] in relation to the attempted murder count. (People v. Murtishaw (1981) 29 Cal.3d 733, 764-65, 175 Cal.Rptr. 738, 631 P.2d 446.)

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)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
How have courts used the felony murder special circumstance findings to demonstrate that instructional errors on other aspects of the murder instructions are harmless? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
What is the test for review of an instruction in the Superior Court of Appeal where the instruction in error was found to be in error? (California, United States of America)
What is the burden of proving reversible error in a motion to appeal against a finding of error at the Court of Appeal? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
Is Page 5 of the Superior Court of Appeal bound by error and error in denying a certificate of probable cause to appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.