What is the test for a jury to convict a defendant of an assault with intent to commit murder?

In People v. Murtishaw (1981) 29 Cal.3d 733, 175 Cal.Rptr. 738, 631 P.2d 446, we held that an assault with intent to commit murder required express malice, and could not be founded on the malice implied from reckless conduct with wanton disregard for human life. Relying on a line of authority originating in People v. Mize (1889) 80 Cal. 41, 22 P. 80, we observed, "once a defendant intends to kill, any malice he may harbor is

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[30 Cal.3d 62] The same reasoning applies to attempted murder. "Specific intent to kill is a necessary element of attempted murder. It must be proved, and it cannot be inferred merely from the commission of another dangerous crime." (People v. Belton (1980) 105 Cal.App.3d 376, 380, 164 Cal.Rptr. 340.) ¹⁶ Hence the trial court erred in instructing the jury that it need not find a specific intent to kill in order to convict of attempted murder.