Questions 9-10 are based on the following fact situation.
Angry because her co-worker Ventura had insulted her, Delman decided to get revenge. Because she worked for an exterminator, Delman had access to cans of a poison gas called Terminate which was often used to kill termites and other insects. She did not want to kill Ventura, so she carefully read the use manual supplied by the manufacturer. The manual said that Terminate was not fatal to human beings, but that exposure to it could cause serious ailments including blindness and permanent respiratory irritation. When she was sure that no one would see her, Delman brought a can of Terminate to the parking lot and released the poison gas into Ventura’s car. At lunchtime, Ventura and his friend Alex sat together in Ventura’s car. As a result of their exposure to the Terminate in the car, Alex died and Ventura became so ill that he was hospitalized for over a month.
9. If Delman is charged with the murder of Alex, she should be found
(A) guilty, because Alex’s death resulted from an act which Delman performed with the intent to cause great bodily harm to a human being.
(B) guilty, because the use of poison gas is an inherently dangerous activity.
(C) not guilty, because she did not know that Alex would be exposed to the poison gas.
(D) not guilty, because she did not intend to cause the death of any person.
10. If Delman is charged with the attempted murder of Ventura, she should be found
(A) guilty, because Ventura suffered a serious illness as the result of a criminal act which she performed with intent to cause him great bodily harm.
(B) guilty, because her intent to cause great bodily harm resulted in the death of Alex.
(C) not guilty, because she did not intend to cause the death of any person.
(D) not guilty, because the crime of attempted murder merges with the crime of murder.
Questions 11-12 are based on the following fact situation.
Conn had just been released from prison after serving a three year term for aggravated assault. In need of money, he called his old friend Delbert and asked whether Delbert would be interested in joining Conn in the robbery of Perry’s Pawnshop. Delbert agreed, but only after making Conn promise that there would be no violence. Upon Delbert’s insistence, they carried realistic-looking toy guns and when they entered Perry’s Pawnshop, they drew their toy guns and ordered Perry to give them all the money in his cash register and all the gems in his safe. Perry took a gun from the safe and shot Conn, killing him. Perry then aimed the pistol at Delbert, who fled from the store. As Perry ran out into the street with his pistol in his hand, Delbert jumped into the car which he and Conn had left parked at the curb. Speeding away from the scene, Delbert accidentally struck Nora, a pedestrian, who died of her injuries. By statute, the jurisdiction has adopted the felony-murder rule.
11. If Delbert is charged with the murder of Conn, Delbert’s most effective argument in defense is that