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12. Charged with murder, the student should be
A college student and his friend were watching a football game at the student's home when they began to argue. The friend became abusive, and the student asked him to leave. The friend refused, walked into the kitchen, picked up a knife, and said he would cut the student's heart out. The student pulled a gun from under the sofa, walked to his front door, opened it, and again told the friend to leave. The friend again refused. Instead, he walked slowly toward the student, brandishing the knife in a threatening manner. The student, rather than running out the door himself, shot in the friend's direction, intending only to scare him. However, the bullet struck the friend, killing him instantly.
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A is incorrect. The friend had threatened to cut the student's heart out, was coming directly at the student, and was brandishing a deadly weapon, the knife, in a threatening manner. The student's firing of the gun to protect himself was not unreasonable.
B is incorrect. The student was in his own house and had asked the friend to leave twice. The student was under no obligation to retreat from his own house before using force to protect himself.
C is incorrect. It ignores the student's self-defense claim and because it is possible to be convicted of murder with malice aforethought without having the intent to kill the victim. The student, in his own house and having no duty to retreat, killed the friend in self-defense, and should be acquitted of murder.