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Topic: Attempted murder

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	Encyclopedia: Attempted murder (Site not responding. Last check: 2007-10-09)
		This originated in a case of four shipwrecked South Africa in the 1880s; two of the sailors conspired to kill one of the other sailors (a sick cabin boy), and having killed him ate his flesh to survive: R v Dudley and Stevens (1884) 14 QBD 273.
		About 850 murders per year (reported in 2000) are committed in the Colombia with 26,000.
		Murder - Killing of another person whilst having either the intention to kill (with "malice aforethought") or to cause grievous bodily harm.
	www.nationmaster.com /encyclopedia/Attempted-murder (2030 words)

	Converted WP file rts (Site not responding. Last check: 2007-10-09)
		attempted murder conviction subjects a defendant to a penalty that is two and one-half to fifty times higher than the penalty for attempted battery.
		The lower sentence range for attempted battery convictions reduces the need for a heightened mens rea requirement to protect against jury confusion caused by ambiguity, because, while the risk of confusion remains similar, the harm that might result from such confusion is much less severe.
		In an attempted murder prosecution, specific intent has meant that the defendant must have taken a substantial step toward the commission of a murder, with the intent to kill, not simply knowing a high probability of or reckless disregard for the fact that death may result.
	www.state.in.us /judiciary/opinions/archive/121502.rts.html (2091 words)

	[No title] (Site not responding. Last check: 2007-10-09)
		We agree with defendant that the attempted extreme indifference murder and attempted first degree assault convictions as to the mother and as to the child are inconsistent.
		Because defendant’s sentences for attempted first degree assault were to run concurrently with his attempted murder sentences, defendant suffered no prejudice from his sentence for the two now vacated attempted first degree assault convictions involving the mother and the child, and therefore, resentencing is not required.
		The judgment and sentence are vacated as to the attempted first degree assault of the mother and of the child; the judgment and sentence are affirmed in all other respects; and the case is remanded for correction of the mittimus.
	www.courts.state.co.us /coa/opinion/2003q3/00CA2090.doc (3741 words)

	njrobinson
		A jury convicted defendant of attempted murder, aggravated assault, unlawful possession of a weapon, and possession of a weapon for an unlawful purpose.
		The court observed that if attempted passion/provocation manslaughter were not recognized as a crime under the Code, a defendant attempting a homicide under circumstances entitling him to a charge of passion/provocation manslaughter could benefit if his victim died, because passion/provocation manslaughter, a second-degree crime, carries a lesser penalty than attempted murder, a first-degree crime.
		Thus, a person charged with attempted murder must be found to have acted with the culpability required for the crime of murder, as well as to have acted with the purpose of causing the result that is an element of murder, namely, the death of another.
	wings.buffalo.edu /law/bclc/web/njrobinson.htm (2907 words)

	Docket No. 90891, People v. Morgan (Il. S. Ct.)
		Accordingly, the attempt statute, as amended, requires the offense of attempted first degree murder to be sentenced as a Class X felony with the mandatory addition of 15 years, 20 years or 25 years to life, based on the extent to which a handgun was involved in the commission of the offense.
		Defendant raised the affirmative defense of self-defense and was acquitted of attempted murder.
		This court explained that it was the wording of the attempt statute, not the wording of the second degree murder statute, which led to the conclusion that attempted second degree murder is an offense that is inherently impossible to commit.
	www.state.il.us /court/opinions/SupremeCourt/2003/January/Opinions/Html/90891.htm (5522 words)

	People v. Iniguez
		The charging language of count II alleging that the attempted murder was committed with premeditation and deliberation was to be stricken, and defendant was required to testify truthfully in any subsequent proceedings.
		At sentencing, the court declared that "[defendant pleaded] to conspiracy to commit attempted murder [and] [h]e [pleaded] to having an agreement to commit attempted murder." The court then imposed the aggravated term of nine years, which is a statutorily designated punishment for attempted murder.
		This is because the crime of attempted murder requires a specific intent to actually commit the murder, while the agreement underlying the conspiracy pleaded to contemplated no more than an ineffectual act.
	www.law.com /regionals/ca/opinions/feb/c037230.shtml (1376 words)

	Attempted Murder - MysticWicks Online Pagan Community and Pagan Forums
		I figured that attempted murder was a half-assed way of doing it, so they would give you a half-assed sentence.
		And so attempted murder should not even be a crime, let alone have a punishment for it.
		Murder and attempted murder are not the same thing - just ask the person who survived the attempt.
	www.mysticwicks.com /showthread.php?t=67590 (980 words)

	Unusual Insanity Defense Statute Survives Challenge
		According to the expert's report, however, the defendant had the applicable mens rea for the attempted murder of his girlfriend's mother and brother, because he knew that they were human beings when he tried to kill them.
		This made Herrera unable to use Utah's insanity statute in defense of the counts of attempted murder despite the fact that the expert also concluded that the defendant lacked the capacity to conform his conduct to the law.
		Thomas Herrera was acquitted of the murder of Claudia, his ex-girlfriend, because he suffered from a syndrome that made it impossible for him to know he was killing a human being.
	echo.forensicpanel.com /2000/9/17/unusualinsanity.html (1018 words)

	Error causes dismissal of attempted murder indictment
		GOSHEN – A judge has dismissed the attempted murder indictment against a man accused of grabbing a City of Newburgh cop's gun.
		Paul Samwell, 24, of Milton, was indicted July 15 on two counts of attempted first-degree murder and one count of attempted first-degree assault and second- and third-degree criminal possession of a weapon, felonies.
		The instructions failed to inform the jurors that, in order to be eligible for a first-degree murder consideration, the defendant must be at least 18 years old.
	www.recordonline.com /1998/10/20/togosh.htm (327 words)

	Men charged with attempted murder - March 9, 2005 (Site not responding. Last check: 2007-10-09)
		They also are charged with five counts of attempted murder for shots fired at a reserve officer riding in Burke’s car, said Matt Chancellor, deputy district attorney for Jackson County.
		Murray faces eight additional charges, including two counts of attempted first-degree assault, three counts of second-degree criminal mischief and one count each of unlawful use of a weapon, being a felon in possession of a firearm and unauthorized use of a vehicle.
		Tripp faces additional counts of attempting to elude police in a vehicle and on foot, resisting arrest, reckless driving and being a felon in possession of a firearm.
	www.mailtribune.com /archive/2005/0309/local/stories/08local.htm (655 words)

	High Court Says Personal Premeditation Not Required For Abettor of Attempted Murder to Get Life Sentence
		The life sentence permitted for “willful, deliberate, and premeditated” attempted murder can be meted out to an aider or abettor who did not personally act willfully and with deliberation and premeditation, the Supreme Court ruled yesterday.
		Where, as in the present case, the natural-and-probable-consequences doctrine does not apply, such an attempted murderer necessarily acts willfully, that is with intent to kill.
		In addition, he or she also necessarily acts with a mental state at least approaching deliberation and premeditation....because he or she necessarily acts with knowledge of the direct perpetrator’s intent to kill and with a purpose of facilitating the direct perpetrator’s accomplishment of the intended killing.
	www.metnews.com /articles/lee081503.htm (575 words)

	State High Court Clarifies Rules on Transferred Intent
		A defendant who attempted to kill a specific victim cannot be convicted of the attempted murder of bystanders on the basis of the transferred-intent doctrine, the state Supreme Court ruled yesterday.
		While a defendant may be convicted of multiple murders even when there is only one intended victim “the doctrine does not apply to an inchoate crime like attempted murder,” Justice Ming Chin explained.
		The jury, she reasoned, may have believed that CALJIC No. 8.65, the standard instruction on transferred intent, applied to attempted murder as well as to murder, which the prosecutor argued to be the case.
	www.metnews.com /articles/blan070202.htm (708 words)

	No-fault attempted murder
		At Christine Alexander's attempted murder trial, the court heard evidence the separation occurred after a lengthy period of abuse endured by the husband.
		She pleaded not guilty to attempted murder but admitted shooting her husband, claiming she was unable to remember why.
		The court ruled the attempted murder of her husband repudiated the relationship and any rights she might have had to spousal support.
	www.fact.on.ca /news/news0103/rp010305.htm (1233 words)

	Man guilty of attempted murder - January 15, 2005 (Site not responding. Last check: 2007-10-09)
		of Mifflinburg of attempted third-degree murder Friday for stabbing a man during a 2003 bar brawl.
		The jury asked the judge to read portions of the instructions describing the justification for self-defense, and the difference between first-degree murder, third-degree murder and involuntary manslaughter.
		Conrad testified Thursday that he used the knife in desperation because he was on the ground being severely beaten by Fischer and kicked in the head by others.
	www.dailyitem.com /archive/2005/0115/local/stories/10local.htm (593 words)

	USATODAY.com - Robbins faces attempted felony murder charges (Site not responding. Last check: 2007-10-09)
		MIAMI (AP) — Former Oakland Raiders center Barret Robbins was charged Wednesday with three counts of attempted felony murder, less than a week after being shot during a furious struggle with three police officers investigating a burglary call.
		A charge of attempted felony murder can be filed when someone is injured during a felony.
		Robbins, who suffers from bipolar disorder and alcoholism, also was charged with two felony counts of attempting to deprive an officer of his weapon, two felony counts of resisting an officer with violence and misdemeanor trespassing.
	www.usatoday.com /sports/football/nfl/2005-01-19-robbins-charged_x.htm?POE=SPOISVA (485 words)

	CBC News:Crown drops attempted murder charge against Air India accused (Site not responding. Last check: 2007-10-09)
		Accused Air India bomber Ajaib Singh Bagri was to face a second trial in connection with the attempted murder of newspaper publisher Tara Singh Hayer.
		Bagri was charged with the attempted murder of Hayer three years ago.
		Gaul says there's no connection between the attempted murder of Hayer and the Air India trial, except that Bagri was charged in both cases.
	www.cbc.ca /stories/2004/01/08/hayer040108 (360 words)

	Judge declares mistrial in attempted murder case
		The weeklong case in the Second Judicial District Court focused on whether Richard Meyers of Boise, Idaho, was guilty of attempted second- degree murder in an incident involving Wyoming Highway Patrol trooper Jason Green in March 2002.
		During this week's trial the prosecution attempted to show that Meyers intended to kill Green, but Fuller said his client merely intended to scare the trooper.
		The attempt to show "intent to kill the trooper when he fired" a gun at him, "was likely the issue that hung up the jury," Fuller said late Friday.
	www.casperstartribune.net /articles/2003/11/08/news/wyoming/3dbd616123cdfedb7fb8a4293486a116.txt (403 words)

	A Critique of Budd Hopkins' Case of the UFO Abduction of Linda Napolitano
		We contacted Hopkins in an attempt to resolve these matters, but he declined to meet with us, saying that he didn't want to discuss the case until his book manuscript was submitted.
		When these same individuals attempted to suppress evidence of an alleged attempted murder, we concluded that their beliefs and actions were incompatible with "real world" events.
		Attempted Murder vs. The Politics of Ufology: A Question of Priorities in the Linda Napolitano Case.
	www.tricksterbook.com /ArticlesOnline/LindaCase.htm (9446 words)

	Jury convicts woman of attempted murder - billingsgazette.com
		A woman who wore face paint and feathers while attacking her landlady's 82-year-old mother was found guilty Monday of attempted murder.
		The jury also found her guilty of attempted murder by accountability.
		Richard Vernes is awaiting trial on attempted murder and attempted murder by accountability in late October.
	www.billingsgazette.com /index.php?id=1&tts=1&display=rednews/2003/09/23/build/local/25-attempt.inc (971 words)

	USATODAY.com - John 'Junior' Gotti indicted on attempted murder, other charges (Site not responding. Last check: 2007-10-09)
		NEW YORK (AP) — Federal prosecutors charged the son of the late Gambino boss John Gotti with multiple crimes including attempting to kill Curtis Sliwa, the outspoken founder of the Guardian Angels crimefighting group, in 1992.
		Charges against the four include murder, attempted murder, conspiracy to commit murder, kidnapping and conspiracy to commit kidnapping, conspiracy to commit securities fraud, mail fraud, wire fraud, extortion and illegal gambling.
		The elder Gotti, known as the "Teflon Don," was convicted of murder and racketeering in 1992.
	www.usatoday.com /news/nation/2004-07-22-gotti_x.htm (592 words)

	The Seattle Times: Eastside News: Former prosecutor charged with attempted murder
		He would face a standard sentencing range of 20 to 25 years if convicted of attempted murder, but could face life in prison or possibly the death penalty if Jung dies.
		Bellevue Police Detective Carl Kleinknecht wrote in the charging documents that the 9 mm pistol apparently used in the shooting was outfitted with a homemade silencer.
		The gun was found in a "murder kit" in the trunk of Joice's Lexus, he said, and a sandwich baggie was duct-taped to it to catch spent casings.
	seattletimes.nwsource.com /html/eastsidenews/2002085562_webjoice08.html (592 words)

	mtv.com - News - Rapper C-Murder Indicted On Attempted Second-Degree Murder Charges
		C-Murder was indicted Thursday by a Baton Rouge, Louisiana, grand jury on two counts of attempted second-degree murder, according to a spokesperson for the Baton Rouge district court.
		The initial warrant was issued for Miller's arrest for charges of two counts of attempted first-degree murder and one count of illegal use of a weapon.
		The charge was lowered to second-degree murder days later and in October 2003, Miller was found guilty and sentenced to life in prison.
	www.mtv.com /news/articles/1489669/20040723/story.jhtml (804 words)

	CNN.com - John Gotti Jr. charged with attempted murder - Jul 22, 2004
		The indictment against Gotti, son of the late Gambino crime family boss John Gotti, was unsealed on Thursday by the U.S. attorney's office in Manhattan.
		The Associated Press reported that the charges against the four include murder, attempted murder, conspiracy to commit murder, kidnapping and conspiracy to commit kidnapping, conspiracy to commit securities fraud, mail fraud, wire fraud, extortion and illegal gambling.
		The elder Gotti was convicted of murder and racketeering in 1992.
	www.cnn.com /2004/LAW/07/22/gotti.indictment (367 words)

	Criminal Jury Instructions (Site not responding. Last check: 2007-10-09)
		(18 U.S.C. The defendant is charged in [Count __________ of] the indictment with attempted murder in violation of Section 1113 of Title 18 of the United States Code.
		Instruction 8.89 (Murder–First Degree) and 8.90 (Murder–Second Degree)), that same recklessness cannot support a conviction of attempted murder if, fortuitously, no one is killed.
		1994) (under 18 U.S.C. § 1113, attempted murder conviction requires proof of specific intent to kill; recklessness and wanton conduct, grossly deviating from a reasonable standard of care such that defendant was aware of the serious risk of death, would not suffice as proof of an intent to kill.).
	www.ce9.uscourts.gov /web/sdocuments.nsf/0/9e74179a0c1e0240882564ba007eae28?OpenDocument (266 words)

	PEOPLE v CABASSA - Legal Case Documents
		SIMONS, J.: Defendants Lind and Cabassa have been convicted of one count of attempted murder in the first degree, three counts of attempted murder in the second degree and two counts of criminal use of a firearm in the first degree.
		The charges are based on defendants' conduct during a high speed automobile chase when Lind, a passenger in the vehicle driven by Cabassa, fired several gun shots at the pursuing police vehicle.
		We conclude that defendant Cabassa's conviction must be reversed and a new trial ordered because of the trial court's refusal to submit to the jury the offense of attempted assault in the second degree as a lesser included offense of attempted murder.
	www.legalcasedocs.com /120/248/940.html (537 words)

	Feature \| Kitty Literature
		When two murders occur, and a young ingenue who plays the role of Priscilla Presley is attacked, Louie and Barr team up with a troupe of Elvis impersonators to find out if the King really lives.
		When Jake is catnapped, Amanda pays $15,000 in ransom -- but then is found murdered with Jake, unharmed, by her side.
		Murphy collaborates with another cat, named Pewter, as well as a corgi and the town postmistress to investigate attempted murder and a mysterious disappearance, all set against a backdrop of a Civil War re-enactment.
	www.januarymagazine.com /features/kittylit.html (1992 words)

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