What is the test for a defendant to be found guilty of attempted murder or attempted voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Vallejo, 154 Cal.Rptr.3d 341, 214 Cal.App.4th 1033 (Cal. App. 2013):
2. Appellant acknowledges that the doctrine is inapplicable to the attempted voluntary manslaughter count. (See People v. Bland (2002) 28 Cal.4th 313, 328, 121 Cal.Rptr.2d 546, 48 P.3d 1107 [To be guilty of attempted murder [or the lesser included offense of attempted voluntary manslaughter], the defendant must intend to kill the alleged victim, not someone else].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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 a defendant guilty of attempted voluntary manslaughter rather than attempted murder? (California, United States of America)
Can a defendant be found guilty of attempted murder (or voluntary manslaughter) if his intent was either to kill or to kill everyone on the dance floor? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
What is the test for whether a defendant is guilty of voluntary manslaughter or attempted murder in a case of mistaken identity? (California, United States of America)
Can a defendant plead guilty to premeditated murder in order to prove that another defendant committed murder rather than manslaughter? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
What is the test for a manslaughter defendant to be found guilty of voluntary manslaughter? (California, United States of America)
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)
In what circumstances will a defendant be found guilty of voluntary manslaughter? (California, United States of America)
