A defendant wanted to kill his neighbor because the defendant believed his neighbor was having an affair with his wife. Early one morning, armed with a pistol, he crouched behind some bushes on a park hillside overlooking a path upon which his neighbor frequently jogged. On this morning, however, the defendant saw his neighbor jogging on another path about a half mile away. Unaware of the limited range of his pistol, the defendant fired five shots at his neighbor. None of the five shots came anywhere close to the neighbor as he was well out of the range. The defendant is

A. guilty of attempted murder, if he was not aware of the limited range of his pistol.
B. guilty of attempted murder, if a reasonable person would not have been aware of the limited range of his pistol.
C. not guilty of attempted murder, or any lesser included offense, because, under the circumstances, it was impossible for him to have killed the neighbor.
D. not guilty of attempted murder, but guilty of assault.

Question

02-08-2019
Social Studies

contestada

A defendant wanted to kill his neighbor because the defendant believed his neighbor was having an affair with his wife. Early one morning, armed with a pistol, he crouched behind some bushes on a park hillside overlooking a path upon which his neighbor frequently jogged. On this morning, however, the defendant saw his neighbor jogging on another path about a half mile away. Unaware of the limited range of his pistol, the defendant fired five shots at his neighbor. None of the five shots came anywhere close to the neighbor as he was well out of the range. The defendant is

A. guilty of attempted murder, if he was not aware of the limited range of his pistol.
B. guilty of attempted murder, if a reasonable person would not have been aware of the limited range of his pistol.
C. not guilty of attempted murder, or any lesser included offense, because, under the circumstances, it was impossible for him to have killed the neighbor.
D. not guilty of attempted murder, but guilty of assault.

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Answer:A

Explanation:he planed and attempted to kill his neighbour even though he didn't succeed on the action but he had planned to do it and took an action towards doing it and also it is stated in the article that even though he wasn't aware of his pistol's limited range but he went ahead and shot at his neighbour hence it can be concluded that the intentions were indeed to kill his neighbour because if the range was wide enough he would have got him and shot him dead on the spot.