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22. In a jurisdiction that follows common law principles, what is the most serious crime of which the man could properly be convicted?
The crimes below are listed in descending order of seriousness.
A man and his friend were watching a televised football game at the man's home. Upset by a penalty called by the referee, the friend threw a bottle of beer at the man's television, breaking the screen. Enraged, the man picked up a nearby hammer and hit the friend on the head with it. The friend died from the blow.
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B is incorrect. It is debatable whether the friend breaking the man's television could constitute adequate provocation to mitigate murder to voluntary manslaughter. Even assuming that it could, however, a jury could reject that mitigation here and instead convict the man of murder. Accordingly, voluntary manslaughter is not the most serious crime of which the man could properly be convicted.
C is incorrect. As stated above, the most serious crime of which the man could properly be convicted is murder. Even assuming that a jury could convict the man of involuntary manslaughter, involuntary manslaughter is not the most serious crime of which the man could properly be convicted.
D is incorrect. As stated above, under the facts of this case, a jury could properly convict the man of murder under that common law theory. While it's true that the man also committed an assault, assault is not the most serious crime of which the man could properly be convicted.