What is the legal test for an allegation of an attempted murder?

California, United States of America


The following excerpt is from People v. SMITH, E048186, No. RIF128500 (Cal. App. 2010):

"In addressing a challenge to the sufficiency of the evidence supporting a conviction, the reviewing court must examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence evidence that is reasonable, credible and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citations.] The same standard applies when the conviction rests primarily on circumstantial evidence. [Citation.]" (People v. Kraft (2000) 23 Cal.4th 978, 1053.)

"An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission." ( 21a.) "'It is... well settled that there is a material difference between the preparation antecedent to an offense and the actual attempt to commit it. The preparation consists of devising or arranging the means or measures necessary for the commission of the offense, while the attempt is the direct movement toward its commission after the preparations are made. In other words, to constitute an attempt the acts of the defendant must go so far that they would result in the accomplishment of the crime unless frustrated by extraneous circumstances. [Citations.]' [Citations.]" (People v. Memro (1985) 38 Cal.3d 658, 698.)

Page 27

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)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of another person? (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)
Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
What is the legal test for an alleged criminal to have committed an attempted murder? (California, United States of America)
How have the courts dealt with allegations of attempted murder, carjacking, assault with force likely to produce great bodily harm and attempted robbery? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (California, United States of America)
What is the test for determining whether a murder committed in the perpetration or attempt to perpetrate rape is a murder of the first degree? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.