People v. Mize

In People v. Mize (1889) 80 Cal. 41, the Supreme Court explained: ". . . 'To constitute murder, the guilty person need not intend to take life; but to constitute an attempt to murder, he must so intend.' . . . It is doubtless true that, as a general rule, a man is presumed to have intended that which he has done, or that which is the immediate and natural consequence of his act, but where an act becomes criminal only when it has been performed with a particular intent, that intent must be alleged and proved. It is for the jury, under all the circumstances of the case, to say whether the intent required by the statute to constitute the offense existed in the mind of the defendant."