California, United States of America
The following excerpt is from People v. Johnson, 146 Cal.Rptr. 476, 81 Cal.App.3d 380 (Cal. App. 1978):
2 While a specific intent to murder is required, no degrees of murder are involved. Thus, premeditation is not required and the question of the intent with which the act was done is one of fact (People v. Sartain, 268 Cal.App.2d 486, 73 Cal.Rptr. 799). The nature of the assault, the weapon and manner in which it was used, and the actual consequences of the assault, including the nature, seriousness and location of wound provide the evidence of the intent necessary for the offense (People v. Becerra, 223 Cal.App.2d 448, 35 Cal.Rptr. 808).
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