MULTIPLE-CHOICE QUESTIONS

If Duggan is charged with the murder of Ventana, he should be found

(A) not guilty, because Ventana’s allergic reaction to the drug was an intervening cause of death.

(B) not guilty, if Ventana’s death was proximately caused by Dr. Medich’s negligence.

(C) guilty, only if Ventana’s death was proximately caused by Duggan’s attack.

(D) guilty, unless Dr. Medich’s conduct is found to be reckless or grossly negligent.

8. Darrel knew that his neighbor Volmer had a weak heart and that Volmer had suffered several heart attacks in the past. Because he was angry at Volmer, Darrel decided to try to frighten him into another heart attack. He watched Volmer’s house and when he saw Volmer leaving through the front door, he ran towards him shouting, “Look out. Look out. The sky is falling,” Although Darrel was not sure that this would kill Volmer, he hoped it would. When Volmer saw Darrel running toward him, shouting, he became frightened, had a heart attack and died on the spot.

The jurisdiction has statutes which define first-degree murder as “the deliberate and premeditated killing of a human being,” and second-degree murder as “any unlawful killing of a human being with malice aforethought, except for a killing which constitutes first-degree murder.” In addition, its statutes adopt common-law definitions of voluntary and involuntary manslaughter.

Which of the following is the most serious crime of which Darrel can properly be convicted?

(A) First-degree murder.

(B) Second-degree murder.

(C) Voluntary manslaughter.

(D) Involuntary manslaughter.