What is the test for establishing intent to kill?

California, United States of America


The following excerpt is from People v. Chinchilla, 52 Cal.App.4th 683, 60 Cal.Rptr.2d 761 (Cal. App. 1997):

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. Lashley, supra, 1 Cal.App.4th at p. 946, 2 Cal.Rptr.2d 629.) The act of firing toward a victim at a close, but not point blank, range "in a manner that could have inflicted a mortal wound had the bullet been on target is sufficient to support an inference of intent to kill...." (Id. at p. 945, 2 Cal.Rptr.2d 629.) "The fact that the shooter may have fired only once and then abandoned his efforts out of necessity or fear does not compel the conclusion that he lacked the animus to kill in the first instance. Nor does

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