What is the test for an attempted murder?

California, United States of America


The following excerpt is from People v. Turner, B235057 (Cal. App. 2013):

"'Attempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing. [Citation.] Attempted murder requires express malice, that is, the assailant either desires the victim's death, or knows to a substantial certainty that the victim's death will occur.' [Citation.]" (People v. Houston (2012) 54 Cal.4th 1186, 1217.) "The act of shooting a firearm toward a victim at close range in a manner that could have inflicted a mortal wound had the shot been on target is sufficient to support an inference of an intent to kill." (Id. at p. 1218.)

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