What is the test for a charge of assault with intent to murder enhancement?
California, United States of America
The following excerpt is from People v. Gonsalves, C087003, C090796 (Cal. App. 2021):
For this enhancement to apply, the jury must find "that, during the crime or attempted crime, the defendant himself or herself intentionally displayed in a menacing manner or struck someone with an instrument capable of inflicting great bodily injury or death." (People v. Wims (1995) 10 Cal.4th 293, 303, disapproved on another point in People v. Sengpadychith (2001) 26 Cal.4th 316, 325-326.)
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