What is the mental state required for an attempted murder?

California, United States of America


The following excerpt is from People v. Anderson, B251527 (Cal. App. 2019):

mental state required for attempted murder is the intent to kill a human being, not a particular human being." (People v. Stone (2009) 46 Cal.4th 131, 134.) "If the defendant is accused of attempted murder of someone, although not necessarily a specific person, it would be sufficient to allege enough facts to give notice of the incident referred to and that the defendant is charged with attempted murder. For example, . . . it would [be] sufficient to allege that defendant committed attempted murder, in that on or about [a specific date], he attempted to murder a member of a group of persons gathered together [in a particular location]. Although other ways to charge a case like this no doubt exist, a charge like this example would provide adequate notice of the offense of which defendant was accused." (Id. at pp. 141-142.)

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