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    (A) Conn was not a victim of the felony which resulted in his death.

    (B) Perry was justified in shooting Conn.

    (C) the use of toy guns made it unforeseeable that the robbery would result in the death of any person.

    (D) Delbert lacked malice aforethought.

    12. If Delbert is charged with the murder of Nora, the court should find him

    (A) guilty, because Nora’s death resulted from Delbert’s attempt to commit a robbery.

    (B) guilty, only if he drove the car in a criminally negligent manner.

    (C) not guilty, if he was in reasonable fear for his own life when attempting to flee in the automobile.

    (D) not guilty, because Nora’s death did not occur during the commission of a felony.

    13. After looking at a car which Samson had advertised for sale, Berrigan agreed to purchase it for three thousand dollars. Berrigan gave Samson one hundred dollars cash, promising to bring the balance and to pick up the car the following day. In fact Samson was a thief who had no intention of selling the car, and had been collecting cash down payments from buyers all over the state. As soon as Berrigan left, Samson ran off with the hundred dollars. One week later, Samson was arrested and charged with embezzlement and larceny by trick. He can properly be convicted of

    (A) embezzlement only.

    (B) larceny by trick only.

    (C) embezzlement and larceny by trick.

    (D) neither embezzlement nor larceny by trick.

    14. Dafton came home from work to find that his wife and two of his children had been slashed and cut and were lying dead in a pool of blood. His third child was also cut and bleeding severely. As Dafton approached, the child said, “Valens hurt Mommy.” Dafton said, “I’ll kill that son of a bitch.” Then he loaded his shotgun and went next door to the home of the Valens. He knocked on the door, and when Valens opened the door Dafton shot and killed him. State statutes codify the common-law definitions of voluntary and involuntary manslaughter, and define first-degree murder as “the deliberate and premeditated killing of a human being,” and second-degree murder as “the killing of a human being with malice aforethought.”

    If Dafton is charged with voluntary manslaughter, the court should find him

    (A) guilty, if he intended the death of Valens because he believed that Valens had killed his wife and children.

    (B) guilty, because the killing of Valens was deliberate and premeditated.

    (C) not guilty, because the killing of Valens was deliberate and premeditated.

    (D) not guilty, if Valens was the killer of Dafton’s wife and children.

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