What is the test for a jury to convict a defendant of attempted murder pursuant to section 664 and 187, subdivision (a) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Juarez, B234578 (Cal. App. 2012):

The jury convicted defendant of attempted willful, deliberate, and premeditated murder pursuant to sections 664 and 187, subdivision (a). "'[A]ttempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.' [Citations.]" (People v. Smith (2005) 37 Cal.4th 733, 739 (Smith).) The burden is on the prosecution to prove the defendant acted with the specific intent to kill the individual victim. (Id. at pp. 751-752.)

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