Last updated: 2/28/2006
6.1. Introduction To Attempted Homicide
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Description
6.1 INTRODUCTION TO ATTEMPTED HOMICIDE In this case [name of defendant] is accused of [crime charged.] Attempted murder in the first degree includes the lesser crimes of attempted murder in the second degree and attemd voluntary mpte anslaughter, all of which are unlawful. An attempted killing that is excusable or was committed by the use of justifiable deadly force is lawful. If you find that there was an attempted killing of [name of victim] by ame of defendant], you will then consider the circumstances surrounding the attempted killing in deciding if it was attempted first degree mrder, or attemu pted second degree murder, or attempted voluntary manslaughter, or whether the attempted killing was excusable or resulted from justifiable use of deadly force. JUSTIFIABLE ATTEMPTED HOMICIDE The attempted killing of a hum juan being isstifiable and lawf ul if necessarily done while resisting an attempt to muor commrder it a felony upon the defendant, or to commit a felony in any dwelling houh the defendant was at the timse in whic e of the killing. EXCUSABLE ATTEMPTED HOMICIDE The attempted killing of a human being is excusable and therefore lawful under any one of the three following circumstances: 1. When the attempted killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or 2. When the attempted killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or 3. When the attempted killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the attempted killing is not done in a cruel and unusual manner. , taking into accoun"Dangerous weapon" is any weapon thatt the manner in which it is used, is likely to produce death or great bodily harm. <<<<<<<<<********>>>>>>>>>>>>> 2 I now instruct you on the circumstances that must be proved before me of defendant] may be found guilty of attempted murder or any lesser included crime.
