The following excerpt is from Virgo v. Frauenheim, No. 2:15-cv-01518-JKS (E.D. Cal. 2018):
Although motive is not an element of the crime of attempted murder, evidence of motive is often probative of intent to kill. People v. Smith, 124 P.3d 730, 741 (Cal. 2005). Additionally, aside from motive, intent to kill may be inferred from a perpetrator's acts and the circumstances of the crime. Id. In particular, the act of purposefully firing a gun at another at close range gives rise to an inference of intent to kill, regardless if there is any showing of a particular motive to kill the victim. Id. at 742.
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