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by EA Johnson · 2007 · Cited by 12 — State,28 the court approved a jury instruction that required the state to prove, "beyond a reasonable doubt, that [the defendant] intended to kill the deceased. This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to ..."The second step is a factual inquiry: Does the record contain evidence that would support conviction of the lesser offense?" Id. Voluntary and involuntary ... 16 informed the jury that, to find Mr. Burnett guilty, it must find that he intended “to commit the crime of Murder in the Second Degree.” Instruction No. (c) A person guilty of murder in the second degree of an unborn child shall be imprisoned in the penitentiary for any term not less than twenty (20) years, or ... Second, he claims that it was error for the district court to combine the elements of attempt with the elements of second-degree murder in one jury instruction. Dec 7, 2018 — The case was submitted to the jury, and the jury found Mueller guilty of first degree murder, use of a deadly weapon to commit a felony, and. We affirm appellant's attempted second-degree murder conviction, but reverse and remand for a new trial on the conspiracy to commit robbery charge. ISSUES. [¶ 2] ... Dec 28, 2011 — Burnett's assertion. However, to be convicted of attempted second degree murder, a person must act both purposely and maliciously. If the Jury finds the Defendant not guilty of the crime of second degree murder, then the Jury must proceed to determine the guilt or innocence of the defendant ...