Assume A observes B hugging his wife, C. A, therefore, intends to kill B but leave wife C unscathed. A believes that he can shoot and kill B from a distance without harming C. However, A's aim is bad and the bullet kills C, his wife, rather than intended victim B Although the identities of the homicide victim and the person endangered have been switched, does A's moral culpability for the incident seemingly remains the same? Is it reasonable to either convict A of either attempted murder of B and reckless murder of C, or intent-to-kill murder of C and reckless endangerment of B? However, if a court applied the transferred intent doctrine in this scenario - thereby convicting A of two intent-to-kill offenses, namely, murder of C (by transferred intent) and attempted murder of B - A improperly will be convicted in scenario 2 more severely than if his aim had been good like in scenario 1 Suppose that D, a landlord, believes that V, a tenant, has failed to pay his rent. In fact, the rent was paid, but D inadvertently failed to credit V's account. As a result, D enters V's premises and mistakenly impounds V's furniture pursuant to a default clause in the lease that authorizes D to seize a tenant's property and sell it to recover unpaid rent. Under, these circumstances, is D guilty of larceny?
Suppose that V in fact had defaulted on the rent. If D entered the premises and seized V's property based on an incorrect legal understanding of the lease, would D be guilty of larceny?
M threatened to kill V, whom M accused of harassing his wife. Later that day, M came armed with a rifle to a field where C, the local constable, and V, standing approximately 30 yards further away, were working. M walked in the direction of both C and V, stopped, loaded her rifle but did not aim it, and resumed his approach. At some point either before or after M loaded the weapon, V fled at a right angle from M's line of approach. C took possession of M's rifle without resistance. Is M guilty of attempted murder under the "unequivocality" test? 13th EditionKarl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett
14th EditionDonald E. Kieso, Jerry J. Weygandt, Terry D. Warfield
15th EditionJohn David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine
13th EditionJames M. Rubenstein