What is the test for an attempted murder?

California, United States of America


The following excerpt is from People v. Darden, F069388 (Cal. App. 2016):

Attempted murder requires the specific intent to kill the alleged victim coupled with the commission of a direct but ineffectual act toward accomplishing the intended killing. (People v. Stone (2009) 46 Cal.4th 131, 136.) Deliberate and premeditated first degree murder requires more than a showing of intent to kill. Deliberation refers to the careful weighing of considerations in forming a course of action. Premeditation means the defendant has thought over the crime in advance. Premeditation and deliberation,

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however, can occur in a brief interval. The test is one of reflection, not of time. The perpetrator's thoughts may follow with great rapidity. Cold and calculated judgment can be arrived at quickly. (People v. Mendoza, supra, 52 Cal.4th at p. 1069.)

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