What is the test for establishing intent to kill in an attempted murder case?

California, United States of America


The following excerpt is from People v. Mariscal, 260 Cal.Rptr.3d 571, 47 Cal.App.5th 129 (Cal. App. 2020):

"To prove the crime of attempted murder, the prosecution must establish the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing. [Citation.] When a single act is charged as an attempt on the lives of two or more persons, the intent to kill element must be examined independently as to each alleged attempted murder victim; an intent to kill cannot be transferred from one attempted murder victim to another under the transferred intent doctrine. [Citation.] [] Direct evidence of intent to kill is rare, and ordinarily the intent to kill must be inferred from the statements and actions of the defendant and the circumstances surrounding the crime. [Citations.]" ( People v. Canizales , supra , 7 Cal.5th at p. 602, 248 Cal.Rptr.3d 370, 442 P.3d 686.)

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