What is the test for determining if a crime is murder or attempted murder?
California, United States of America
The following excerpt is from People v. Delacruz, E064648 (Cal. App. 2017):
Attempted murder is not divided into degrees but "[t]he prosecutor may seek a jury finding that an attempted murder was 'willful, deliberate, and premeditated.'" (People v. Smith, supra, 37 Cal.4th at p. 740; 189 and 664, subd.(a).) The test for
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determining if there is sufficient evidence of premeditation is the same whether the crime is murder or attempted murder. (People v. Villegas (2001) 92 Cal.App.4th 1217, 1223.)
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