What is the test for determining whether a defendant's mental state is sufficient to convict them of attempted murder?
California, United States of America
The following excerpt is from People v. Williams, B252994 (Cal. App. 2015):
"[I]t is well settled that intent to kill or express malice, the mental state required to convict a defendant of attempted murder, may in many cases be inferred from the defendant's acts and the circumstances of the crime. [Citation.] 'There is rarely direct evidence of a defendant's intent. Such intent must usually be derived from all the circumstances of the attempt, including the defendant's actions.' " (People v. Smith (2005) 37 Cal.4th 733, 741.)
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