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The mens rea (Latin for the "guilty mind") for murder includes an intention to kill or cause grievous bodily harm where there is virtual certainty of death resulting, whereas attempted murder depends on an intention to kill, and an overt act towards the homicide.
Fagan v Metropolitan Police Commissioner 1969 1 QB 439: a leading case illustrating the requirement for concurrence of actus reus (Latin for "guilty act") and mens rea (Latin for "guilty mind") in order to establish a criminal offence.
In most common law jurisdictions, the American Law Institute's Model Penal Code, and in the various US state statutes which have codified homicide definitions, the term has been abandoned although the meaning remains the mens rea requirement for murder.
The United States Supreme Court rejected Hand's analogy in United States v. Feola (1975), holding that conspiracy to assault a federal agent required no greater mens rea than assault would.