California, United States of America
The following excerpt is from People v. Angel, F058325, Super. Ct. No. BF122970C & (Cal. App. 2011):
"'The mental state required for attempted murder has long differed from that required for murder itself. Murder does not require the intent to kill....' [Citation.] In contrast, '[a]ttempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.'" (People v. Smith (2005) 37 Cal.4th 733, 739.)
"Evidence of intent to kill is usually inferred from defendant's acts and the circumstances of the crime. [Citation.] Firing a gun toward a victim at a close range in a manner that could have inflicted a mortal wound had the bullet been on target supports an inference of intent to kill." (People v. Ramos (2011) 193 Cal.App.4th 43, [p. 7].)
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