“the instruction was not warranted by the evidence in the case.” The jury was instructed on both attempted first-degree murder and attempted second-degree murder. The evidence at trial was that the victim, Williams, approached defendant at his tractor-trailer truck and asked him what the problem was. Defendant responded by throwing a punch. Williams placed defendant in a headlock and the fight continued towards the side of the Texaco. While holding defendant in the headlock, Williams drove defendant’s head into the side of the building, causing him to fall. As defendant lay on his back, Williams began hitting him in the face and told defendant that olding specific intent to kill indispensable element of attempted second-degree murder); Ramos v. State, 592 P.2d 950 (Nev. 1979) (<HOLDING>); State v. Lyerla, 424 N.W.2d 908 (S.D. 1988)
holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill holding that there is no crime of attempted felony murder in florida holding no offense of attempted seconddegree murder where seconddegree murder defined only as unintentional but reckless killing of another under circumstances manifesting indifference to human life holding no offense of attempted seconddegree murder where that crime is defined as an unpremeditated depravedheart offense holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill