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The maid found the glass of wine while cleaning the next day. Rather than throw the wine away, the maid drank it. Shortly thereafter, she fell into a coma and died from cyanide poisoning.
A wife decided to kill her husband because she was tired of his infidelity. She managed to obtain some cyanide, a deadly poison. One evening, she poured wine laced with the cyanide into a glass, handed it to her husband, and proposed a loving toast. The husband was so pleased with the toast that he set the glass of wine down on a table, grabbed his wife, and kissed her passionately. After the kiss, the wife changed her mind about killing the husband. She hid the glass of wine behind a lamp on the table, planning to leave it for the maid to clean up. The husband did not drink the wine.
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B is incorrect. The woman could be found guilty of attempted murder of the husband because she intended to murder him and took a substantial step to carry out that murder; the husband would have been killed had he drunk the wine. However, the wife could also be found guilty of murder or manslaughter of the maid. As to the maid, a trier of fact could view the wife's conduct as depraved-heart recklessness (which would make her guilty of murder) or at the very least as criminal negligence (which would make her guilty of manslaughter).
C is incorrect. The wife could be found guilty of murder or manslaughter of the maid because a trier of fact could view the wife's conduct as depraved-heart recklessness (which would make her guilty of murder) or at the very least as criminal negligence (which would make her guilty of manslaughter). However, the wife could also be found guilty of attempted murder of the husband. As to the husband, she intended to murder him and took a substantial step to carry out that murder; the husband would have been killed had he drunk the wine.
D is incorrect. The wife could be found guilty of attempted murder of the husband and murder or manslaughter of the maid. As to the husband, the wife intended to murder him and took a substantial step to carry out that murder; the husband would have been killed had he drunk the wine. As to the maid, a trier of fact could view the wife's conduct as depraved-heart recklessness (which would make her guilty of murder) or at the very least as criminal negligence (which would make her guilty of manslaughter).