What is sufficient to prove intent to kill in the context of attempted murder?

California, United States of America


The following excerpt is from People v. Fallon, B251619, B259093 (Cal. App. 2014):

A statement of a defendant's intention to kill "has been found sufficient to prove intent to kill in the context of attempted murder." (People v. Morales (1992) 5 Cal.App.4th 917, 925-926.) But such a statement can be equivocal if the defendant has only taken acts to prepare to kill, and has not committed a direct but ineffectual act toward accomplishing the killing. (Id. at p. 926.) Slight acts done in furtherance of the crime will be sufficient; it is not necessary that the defendant take the last possible step prior to actual murder. (Ibid.) Obtaining a gun, loading it, driving to the victim's home, and hiding in a position from where the defendant could shoot the victim constitutes sufficient action in furtherance of the crime, even if a shot was never fired. (Id. at p. 927.)

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