What is the test for an instruction of attempted murder?
California, United States of America
The following excerpt is from People v. Hill, A149469 (Cal. App. 2018):
10. The People do not offer any argument that People v. Sanchez (2001) 26 Cal.4th 834, upon which the trial court appears to have relied, supports its refusal to give an attempted murder instruction here.
11. As noted, Trent Berry's own testimony was evidence that he was hit in the first group of shots.
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