California, United States of America
The following excerpt is from People v. Stewart, F064564 (Cal. App. 2014):
particular motive for shooting the victim is not dispositive, although ... where motive is shown, such evidence will usually be probative of proof of intent to kill. Nor is the circumstance that the bullet misses its mark or fails to prove lethal dispositivethe very act of firing a weapon '"in a manner that could have inflicted a mortal wound had the bullet been on target"' is sufficient to support an inference of intent to kill.'' (People v. Smith, supra, 37 Cal.4th at p. 742.)
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