California, United States of America
The following excerpt is from People v. Magana, B281616 (Cal. App. 2018):
"'Attempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.' [Citation.] A defendant's intent is rarely susceptible of direct proof, and may be inferred from the facts and circumstances surrounding the offense. [Citation.]" (People v. Felix (2009) 172 Cal.App.4th 1618, 1624 (Felix).)
Defendant asserts there is little beyond the severity of the injuries to show an intent to kill. While "the degree of the resulting injury is not dispositive of defendant's intent," the injuries inflicted are still probative of intent. (People v. Avila (2009) 46 Cal.4th 680, 702, italics added.) And here there was more.
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