ADMJ 103 Lecture Notes - Lecture 19: Res Ipsa Loquitur, Jury Instructions, Mens Rea
22 Dec 2020
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People v. gentry couple arguing; guy spills gas on his wife; she goes too near the stove Definition of attempt : a person commits the offense of murder when he, with intent to commit the offense of murder does any act which constitutes a substantial step toward the commission of the offense of murder. The offense attempted need not have been completed. Reasoning: our supreme court has repeatedly held that a finding of specific intent to kill is a necessary element of attempt murder. The state would read the attempt instruction as requiring a showing of any of the alternative mental states sufficient for a conviction of murder. We find the state"s analysis and conclusion to be erroneous and lacking in legal substance since it fails to contain the judicial reasoning which recognizes the distinction b/n the intent elements of murder and attempt murder. Attempt has to have the specific intent of the result.
