California, United States of America
The following excerpt is from People v. Scott, 36 Cal.App.4th 1131, 42 Cal.Rptr.2d 818 (Cal. App. 1995):
This is their argument: the trial court, when defining attempted murder, stated "murder is the unlawful killing of a human being with malice aforethought" (CALJIC No. 8.66) and, earlier, in defining murder, stated "malice may be express or implied." (CALJIC No. 8.11.) Since implied malice does not require an intent to kill but attempted murder does require such an intent (People v. Lee (1987) 43 Cal.3d 666, 670, 238 Cal.Rptr. 406, 738 P.2d 752), appellants claim error.
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