Criminal Law Keyed to Weaverback
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A defendant entered a bar and ordered a beer. The bartender politely told the defendant he would have to wait until two other patrons were served. The defendant became irate and pulled out a small penknife. Although the defendant intended only to frighten the bartender, he accidentally nicked the bartender’s arm with the penknife. The bartender’s arm became infected, and he died from gangrene two months later.
What is the most serious crime that the defendant can be convicted of?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
After drinking at his favorite bar all day long and becoming very intoxicated, the defendant pulled out a gun to reenact a scene from a movie he had seen the other day. Pointing his gun at a bystander, he slurred a line from the movie and pulled the trigger. He was shocked to see the bystander fall down dead with a bullet in him. Due to his intoxicated state, the defendant cannot remember pulling out or firing the gun.
A state statute defines all murders as second degree murders unless deliberation and premedication can be shown, in which case the crime is elevated to first degree murder.
What is the most serious crime of which the defendant may be convicted?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.