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21. On these facts, what is the most serious offense of which the man properly could be convicted?
The crimes below are listed in descending order of seriousness.
A man became angry after he was unexpectedly laid off from his longtime job as a factory worker. The next day, he returned to the factory floor and indiscriminately fired shotgun rounds into the air. The man later testified, without contradiction, that he had not intended to kill anyone but had simply sought to exact revenge on the factory's owners by shutting down operations for the day. Unfortunately, one of the bullets ricocheted off the wall and killed the man's best friend.
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B is incorrect. Voluntary manslaughter is a killing that would otherwise be murder but for the existence of an adequate provocation. Here, the man could not properly be convicted of voluntary manslaughter because there was no adequate provocation for his conduct, furthermore, this answer is incorrect because he could be convicted of the more serious offense of depraved heart murder.
C is incorrect. It is true that the man could properly be convicted of involuntary manslaughter but this answer is incorrect because he could also be convicted of the more serious offense of depraved heart murder.
D is incorrect. The man could properly be convicted of assault in some jurisdictions but this answer is incorrect because he could also be convicted of the more serious offense of depraved heart murder.