In what circumstances will the Court overturn an attempted murder conviction and the penalty of death be vacated?

California, United States of America

The following excerpt is from People v. Ratliff, 224 Cal.Rptr. 705, 41 Cal.3d 675, 715 P.2d 665 (Cal. 1986):

As will appear, we have concluded that the attempted murder conviction must be reversed, the special circumstances finding set aside, and the penalty of death vacated, due to instructional errors including the failure of the trial court to instruct regarding the necessity of finding an intent to [715 P.2d 669] kill. (See Carlos v. Superior Court (1983) 35 Cal.3d 131, 197 Cal.Rptr. 79, 672 P.2d 862.) In all other respects, we will affirm the judgment.

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