What is the test for an attempted first degree murder?
California, United States of America
The following excerpt is from People v. Wittkop, C064795, Super. Ct. No. 62-085352B (Cal. App. 2011):
"Like first degree murder, attempted first degree murder requires a finding of premeditation and deliberation." (People v. Villegas (2001) 92 Cal.App.4th 1217, 1223, fn. omitted.) Thus, the fact that the charge is attempted first degree murder as opposed to first degree murder is irrelevant to the analysis of the factors to be considered by the reviewing court in finding premeditation and deliberation. (Id. at pp. 1223-1224.)
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