HYPOS FOR HOMICIDE Flashcards
Lesser offense of attempted murder
Aggravated battery
Golf club w/ extensive force
Intent to kill
Shoot back of leg, jury says no intent to kill just GBH, degree jurisdiction
2nd degree murder - bc GBH
No intent to kill but inflict GBH/deadly weapon, victim survives
No attempted murder, no SI to kill so AGG BATTERY
Who decides ∆’s intent?
JURY
Is there such thing as ATTEMPTED FELONY MURDER?
HELL NO - No SI to commit murder, only SI to commit felony
You can charge them with agg battery & robbery if the victim is alive.
Does the person have to die for FM?
YES!!!
What if the victim doesn’t die for FM?
NO ATTEMPTED FM
Cop shoots accomplice during a conv. store robbery and doesn’t die
Nothing. Perhaps attempted robbery
Cop shoots and accomplice dies during felony
FM or if Redline - ∆ not charged