People v. Mumin

Summary

The court held that substantial evidence is the proper standard for reviewing whether a concurrent-intent, or kill-zone, instruction should be given, and that the jury—not the court—must determine whether the evidence supports the only reasonable inference of intent. Applying that standard, the court concluded that three shots fired into an open area did not substantially support an inference that defendant intended to create a fatal zone encompassing the second officer. The instructional error was prejudicial as to the attempted murder conviction involving Officer Johnson, but not as to the conviction involving Officer Mackay.