[QUOTE=Oy!]
Does the appellate court review the evidence to decide for themselves whether Jack was or wasn’t planning to kill Steve …
[/quote]
No. They accept that Jack was planning to kill Steve.
George is the one that died (or, in our latest modification, is injured). They review the legal decision that planning to kill Steve, actively trying to kill Steve, but actually killing or wounding George amounts to a particular crime.