What is the test for a jury to convict a defendant of attempted murder?
California, United States of America
The following excerpt is from People v. Patton, B261807 (Cal. App. 2016):
Further, "it is well settled that intent to kill or express malice, the mental state required to convict a defendant of attempted murder, may in many cases be inferred from the defendant's acts and the circumstances of the crime. [Citation.] 'There is rarely direct evidence of a defendant's intent. Such intent must usually be derived from all the circumstances of the attempt, including the defendant's actions.' " (People v. Smith (2005) 37 Cal.4th 733, 741.)
"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 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)
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)
Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
Under section 954 of the California Criminal Code, can a defendant bring charges of murder and attempted murder against the same defendant? (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)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (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)
Is the evidence insufficient to support a defendant's convictions for conspiracy to commit murder, attempted murder or street terrorism? (California, United States of America)
Does the Defendant have any evidence to support his convictions for murder and attempted murder? (California, United States of America)
