ANY OTHER ATTEMPT TO KILL - ELEMENTS
No person may be convicted of an attempt to kill another unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, an attempt to kill;
Second, another person;
Third, by (performing an act)/(omitting to perform an act when a duty to do so exists);
Fourth, with the (intent to cause)/(belief that it would cause) death.
Notes on Use
If the victim was an unborn child, the court should also give OUJI-CR-4-57, infra, and, if appropriate, OUJI-CR 4-57A or 4-57B, or both.