How has the court interpreted instructions regarding intent to kill as an element of an attempted murder?

instruction regarding intent to kill as an element of attempted murder, as "all conspiracy to commit murder is necessarily conspiracy to commit premeditated and deliberated first degree murder." (People v. Cortez, supra,18 Cal.4th at p. 1237.) The instruction was not required to specify first degree murder. (Id. at pp. 1238-1239.) However, the court also instructed the jurors that in deciding whether defendant conspired to commit murder, they should refer to separate instructions defining murder. Those instructions stated that murder can be based on either express or implied malice, and explained that express malice meant the intent to kill, while implied malice required only the intent to commit a act dangerous to human life with conscious disregard of the danger.