Taylor v. State

SHEPARD, Chief Justice.

In this trial for attempted murder, the court failed to instruct the jury that it must find the defendant intended to kill the vice-tim. The Court of Appeals affirmed, notwithstanding our decision in Spradlin v. State (1991), Ind., 569 N.E.2d 948. We grant transfer and reverse.

When applying Indiana's general attempt statute, Ind.Code Ann. § 385-41-5-1 (West 1986), we have emphasized that mere intent to take a certain action is not by itself sufficient to sustain a criminal conviction. The State must also prove that the defendant intended to commit the crime. See…