When will the jury be instructed that evidence that shows no more than an indiscriminate attack is insufficient to prove specific intent to maim?

California, United States of America


The following excerpt is from People v. Hall, H038706 (Cal. App. 2013):

Defense counsel requested two instructions. Specifically, he asked the court that the jury be instructed that "evidence that shows no more than [an] indiscriminate attack is insufficient to prove the required specific intent"7 and "[s]pecific intent to maim may not be inferred solely from evidence that the injury inflicted actually constitutes mayhem. There must be earlier facts and the [sic] circumstances were supportive due to intent to maim rather than to attack indiscriminately." Defense counsel cited to People v. Park, supra, 112 Cal.App.4th at page 64 in support of this part of his request. We note that the actual wording in People v. Park is as follows: "[S]pecific intent to maim may not be

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